Weyerhaeuser Fails To Nix Toxic Tort Over Emissions

Law360, New York (August 2, 2010, 3:17 PM EDT) -- A federal judge has granted partial summary judgment to residents of an Arkansas town who claim pollution from a Weyerhaeuser Co. lumber mill made them ill, throwing out four affirmative defenses put forward by the company.

Judge Harry Barnes of the U.S. District Court for the Western District of Arkansas on Friday granted the plaintiffs summary judgment on a no evidence motion regarding Weyerhaeuser's statute of limitations, laches, assumption of risk and regulatory preemption defenses.

Attorneys Nicholas Patton and Geoffrey Culbertson of Patton Tidwell & Schroeder...
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