Swine Nuisance: Branan discusses recent 4th Circuit Opinion in McKiver v. Murphy Brown
Story Date: 1/20/2021

 

Source:  NCSU COOPERATIVE EXTENSION, 1/14/21

In November, the 4th Circuit Court of Appeals in Richmond, VA released the long-awaited opinion in the right to farm swine nuisance case McKiver, et al v. Murphy Brown, LLC. The appellate court’s three judge panel upheld the rulings of the trial judge and liability verdict of the jury sitting in the Eastern District for North Carolina, but remanded the punitive damage award for reconsideration due to inadmissible evidence.

Andrew Branan, Extension Assistant Professor with the Department of Agricultural and Resource Economics, spoke with University of Maryland’s Paul Goeringer, Extension Legal Specialist, in late December about the case and its major issues, as well as what it means for the future of nuisance litigation against integrated swine and poultry operations and systems. The recording of Paul’s podcast interview can be found on the MD Risk Management Education Podcast page.

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