Quimbee logo
DMCA.com Protection Status

McKiver v. Murphy-Brown LLC

980 F.3d 937 (2020)

Case BriefRelatedOptions
From our private database of 35,600+ case briefs...

McKiver v. Murphy-Brown LLC

United States Court of Appeals for the Fourth Circuit

980 F.3d 937 (2020)

Facts

Murphy-Brown LLC (Murphy-Brown) (defendant) operated a condensed animal feeding operation (CAFO) at its industrial-scale hog feeding farm at Kinlaw Farms in rural North Carolina. Murphy-Brown’s corporate policies implemented the farming practices used at the feeding farm. The practices included a lagoon-and-sprayfield system, waste and carcass management, and all-hours trucking. Studies were conducted that showed the negative impacts of these practices on the environment and the community. Murphy-Brown was aware of these studies and was also aware of community meetings that were held to address the harmful conditions caused by the farm. In 1997, the North Carolina Legislature outlawed new hog-waste lagoons because of their harmful effects. Despite having this knowledge and receiving numerous complaints, Murphy-Brown refused to implement new treatment technologies because they were more expensive than the current technology. More than 500 neighbors of the hog farm (the neighbors) (plaintiffs) brought suit in district court seeking relief under state nuisance law from odors, pests, and noises they attributed to Murphy-Brown’s farming practices at the feeding farm. A jury returned a verdict in favor of the neighbors with compensatory damages for each neighbor and $5 million in punitive damages. The punitive damages were capped to $2.5 million, pursuant to North Carolina’s punitive-damages cap. Murphy-Brown appealed the punitive damages.

Rule of Law

Issue

Holding and Reasoning (Thacker, J.)

Concurrence (Wilkinson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 619,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 619,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 619,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership