Case Study: Summary Judgment in Remediation Damages Case 

A Federal court awarded summary judgment in a toxic tort case seeking damages to fund plaintiffs’ alternative to the state-approved remediation being implemented by the client.  The United States District Court for the District of Colorado, 2005 WL 1073906, dismissed plaintiff’s trespass, nuisance and negligence claims on the ground that they were barred by an administrative consent order with the state of Colorado and the comprehensive remediation plan already approved by the state health department.  While on appeal to the Tenth Circuit, the case settled after mediation.

(Partners:  Gail Wurtzler and Adam Cohen)