Matthew Dueling, et al v. Devon Energy Corporation

<> Matthew Dueling, et al v. Devon Energy Corporation - 8/14/15. In the U.S. Court of Appeals, Fifth Circuit, Case No. 14-11177.  Unpublished Opinion. Plaintiffs asserted that Devon Energy's oil and gas drilling site, across the street from their homes in a residential area, is noisy and disruptive, and interferes with their use and enjoyment of their properties. The district court granted Devon Energy's motion for judgment on the pleadings—finding Plaintiffs' nuisance claims time-barred—and denied Plaintiffs' request for leave to amend.       The Appeals Court ruled, "Because the district court denied leave to amend based on mere delay in the absence of a possibility of serious prejudice to the defendant, we vacate the judgment and remand."