Defending a Nuisance Claim (PA) | Practical Law

Defending a Nuisance Claim (PA) | Practical Law

A Practice Note addressing key issues that defense counsel should consider when defending civil nuisance claims under Pennsylvania common law. This Note provides tips on negating the prima facie elements of private and public nuisance claims, raising affirmative defenses, and obtaining evidence through discovery to rebut the plaintiff's allegations. It also discusses how a defendant may challenge the plaintiff's claims at the pleading stage and after the parties develop the evidence, such as on a motion for summary judgment.

Defending a Nuisance Claim (PA)

Practical Law Practice Note w-040-3211 (Approx. 29 pages)

Defending a Nuisance Claim (PA)

by Practical Law Commercial Litigation
MaintainedPennsylvania
A Practice Note addressing key issues that defense counsel should consider when defending civil nuisance claims under Pennsylvania common law. This Note provides tips on negating the prima facie elements of private and public nuisance claims, raising affirmative defenses, and obtaining evidence through discovery to rebut the plaintiff's allegations. It also discusses how a defendant may challenge the plaintiff's claims at the pleading stage and after the parties develop the evidence, such as on a motion for summary judgment.