11th Circ. Revives Contamination Suit Against Foot Locker

Law360, New York (April 16, 2013, 10:38 PM EDT) -- The Eleventh Circuit on Tuesday revived Stratford Holding LLC’s suit against Fog Cap Retail Investors LLC and Foot Locker Retail Inc. over contamination at a Stratford-owned property after a lower court tossed the suit in September.

A three-judge panel reversed the ruling by U.S. District Judge Steve C. Jones, and found that Stratford could proceed with its suit under the Comprehensive Environmental Response Compensation and Liability Act.

Judge Jones had granted the defendants’ motion to dismiss based on a so-called no-listing letter from the Georgia Environmental...
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