Home Depot Loses Bid To Nix $30M Pollution Suit

Law360, Los Angeles (January 18, 2012, 6:36 PM EST) -- A California judge on Wednesday tentatively rejected Home Depot USA Inc.'s request to nix a smog control agency's $30 million suit over paint and architectural coatings containing illegal amounts of volatile organic compounds, questioning whether state environmental statutes clearly exclude resellers.

“There has never been a case to our knowledge that has held under the statutory sections dealing with emitters that resellers can be held liable,” Home Depot attorney James R. Asperger argued Wednesday.

“So I’m lucky to have a case of first impression,” Los Angeles...
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