Shielding Product Makers From Cleanup Liability

Law360, New York (July 12, 2010, 1:06 PM EDT) -- Product manufacturers facing environmental cleanup claims merely because they sold products that ultimately produced a waste may be able to prevail at the motion to dismiss stage. The recent decision in Hinds Investments LP et al. vs. Team Enterprises Inc. et al., No. 07-0703, 2010 U.S. Dist. LEXIS 48554 (E.D. Cal. Apr. 21, 2010) shows how a defendant manufacturer can gain relief by demonstrating that a complaint relies solely on conclusory statements about the product’s alleged links to the contamination in place of well-pled factual allegations....
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