News & Analysis as of

Dismissals Comprehensive Environmental Response, Compensation and Liability Act

Mitchell, Williams, Selig, Gates & Woodyard,...

Cobalt Contamination/Leased Facility: Federal District Court Addresses Motion to Dismiss Cost Recovery Action

The United States District Court for the Northern District of California (“Court”) addressed in a November 18th Order a cost recovery action involving cobalt contamination. See Quantum Labs, Inc. v. Maxim Integrated Prods....more

Harris Beach PLLC

Recent CERCLA Decisions in New York State Highlight Strict Pleading Standard

Harris Beach PLLC on

Two recent decisions in New York state’s federal courts granted defendants’ motions to dismiss based on inadequately pled allegations, highlighting the strict pleading standard of the Comprehensive Environmental Response,...more

Snell & Wilmer

Disposal of Contamination = Disposal of Evidence. Be Careful What You Throw Away!

Snell & Wilmer on

In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials....more

Foley Hoag LLP - Environmental Law

Complaints Are Not Totally Meaningless: A CERCLA Plaintiff Must Allege Disposal Against a Former Owner

I know it may surprise some litigators, but occasionally the allegations in a complaint do matter. In Garrett Day v. International Paper, the Court dismissed CERCLA claims brought by the current owner of a former paper mill...more

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