Anthony v. Chevron USA, Inc.

Plaintiffs-Appellants Jess Anthony, Marjorie Anthony, and Linda Forbush (collectively, the “Anthony Family”) appeal the district court’s grant of judgment as a matter of law in favor of Defendant-Appellee Chevron U.S.A., Inc. (“Chevron”). The Anthony Family filed suit in state court against Chevron and several other oil companies, alleging that Chevron had negligently polluted both the water and soil of the Anthony Family’s ranch, and also used more of the ranch’s surface estate than was reasonably necessary to conduct their operations. After the dismissal of the sole non-diverse defendant, Chevron removed the case to federal court pursuant to 28 U.S.C. � 1446(b).*fn1 The district court subsequently denied the Anthony Family’s claims on the merits, holding that they had failed to provide sufficient evidence for a reasonable jury to conclude that Chevron caused the pollution of the ranch’s underground aquifer. The trial court also concluded that the Anthony Family had not shown sufficient evidence that Chevron caused the soil pollution on various sites on the ranch. In addition, the court found that the Anthony Family had not presented sufficient evidence to calculate the amount of damages resulting from the alleged water and soil pollution. We agree with the district court, and hold that the Anthony Family has failed to provide sufficient evidence of causation and damages to reach the jury on either the water or soil pollution claims.*fn2

I.