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N Cal Atty
N Cal Atty, Lawyer
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Experience:  attorney at self
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I read about 400 families suing the Air Force for "a taking

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I read about 400 families suing the Air Force for "a taking of their real property without just compensation." The defendant's use of toxic chemicals contaminated the water supply along with the soil. High rates of cancers, other diseases, and birth defects were documented. Federal judge refused to certify as a class action lawsuit. Case settled for only one million dollars in 2010! After attorney fees & costs each plaintiff received $3,100!
I have not heard of one case where the military has paid a settlement or a verdict to citizens who have lost loved ones or whose health has been seriously damaged due to contaminated water & contaminated soil caused by the chemicals that were used at our military bases.
Q: Please cite some cases that you might be aware of where the community was able to prevail against the military for damages caused to their health due to toxic contamination.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 4 years ago.

I don't mind waiting for a well researched response, not at all.


Thanks

Hello Joseph,

Thank you for your patience. We will continue the search for a professional for you.
Customer: replied 4 years ago.

Thank you very much.

I see your question has not been answered, and I believe the reason for that is because none of the Experts was able to find a case in which the US military was held liable to a civilian for toxic contamination.

I did find a Federal Court of Appeals case, posted at
https://bulk.resource.org/courts.gov/c/F3/146/146.F3d.819.97-2047.html
where the Court held that the military is not liable for such damage.

It looks like the only theory under which the military can be held liable for this kind of conduct would be in an inverse condemnation action, where the contamination amounts to a taking of the plaintiff's real estate. As far as causing cancer or other illnesses, I have been unable to find a case that allowed recovery for that.

I am sorry this is not the answer you had probably hoped for, but it would be a disservice to you, and unprofessional of me, not to provide accurate information.

I hope this information is helpful.
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9337
Experience: attorney at self
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Customer: replied 4 years ago.

Thanks ,I expected such a result would be the case.. Its sad that large communities living near military bases have been inflicted with much suffering & its only going to get worse as more people are diagnosed with serious illnesses attributable to toxic waste.


Thank you very much for your assistance.Its always important to seek out legal opinions from colleagues,much appreciated.

Thank you for the Excellent rating!