Legal Opinion

Mongrue v. Monsanto Company

Court of Appeals for the Fifth Circuit

Decided May 7, 2001No. 00-30052PublishedCited by 27 opinions

1Opinion of the Court

JANE A. RESTANI, Judge:

The issue before the court is whether remand is necessary for the district court to consider a takings claim against a private entity under the federal Constitution rather than the Louisiana Constitution. Roland J. Mongrue, Clyde A. Gisclair and Sylvia Gisclair (collectively, “Appellants”) originally brought an action in Louisiana state court against Monsanto Company (“Monsanto”). The Appellants had alleged, inter alia, that wastewater injected underground by Monsanto pursuant to a permit issued by the Louisiana Commissioner of Conservation had migrated into their…

2Cases cited22 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
  4. Hebert Abstract Company, Inc. v. Touchstone Properties, Ltd.Court of Appeals for the Fifth Circuit · 1990
  5. Judy Portis v. First National Bank of New Albany, MsCourt of Appeals for the First Circuit · 1994

17 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Patterson v. Mobil Oil Corp.Court of Appeals for the Fifth Circuit · 2003
  2. Weiner v. United StatesCourt of Appeals for the Fifth Circuit · 2004
  3. Royal Insurance Company of America v. Hartford Underwriters Insurance CompanyCourt of Appeals for the Fifth Circuit · 2004
  4. Davidson v. VenemanCourt of Appeals for the Fifth Circuit · 2003
  5. Willbros RPI, Inc. v. Continental Casualty Co.Court of Appeals for the Fifth Circuit · 2010

22 more not listed; retrieve them via the Exa API.

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