id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-25153	Kruse, Paul S.; Morris, Larry L.; Boyle, Heather D.; Moore, Katherine M.	Recent Developments in Indiana Tort Law	2021	19	.pdf	application/pdf	7645	488	69	The court determined the applicable statute of limitations for an ELA claim is ten years,134 not six years.135 The court conducted a detailed analysis, considering earlier court of appeals cases and the history of the ELA statute.136 The mini-CERCLA statutes did not authorize the City to bring a claim for its remediation costs and damages.137 As for the nuisance claim, the City agreed the six-year statute of limitations under Indiana Code section 34-11- 2-7(3) applied, but argued the contamination was a “continuing nuisance” creating a new statute of limitations as long as the nuisance continued.138 The court explained that with a continuing nuisance, each activity is a new and separate injury giving rise to a new cause of action.139 But to file a timely action, the activity itself must be ongoing less than six years before suit is filed.140 Because the Foundry ceased operations and therefore ceased the activity causing contamination more than six years before suit was filed, the City’s nuisance claim was untimely.141 B. Farmland Nuisance—Right to Farm Act In Himsel v. Himsel,142 the court of appeals held that landowners did not have an actionable claim against neighboring farmers because the Right to Farm Act 128. [Vol. 53:1029 real-life athletes to compete against other participants’ teams.219 Certain participants win cash prizes based on their fantasy team’s performance.220 Three collegiate student-athletes filed a class-action lawsuit alleging the defendants violated their right of publicity by using the athletes’ names and likenesses without their consent.221 The case was removed to federal court and dismissed; the plaintiffs appealed to the Seventh Circuit, which certified the following question to the Indiana Supreme	cache/inlawrev-25153.pdf	txt/inlawrev-25153.txt