11th Circ. Urged To Reinstate Pollution Suit Against UTC

Law360, Miami (December 12, 2013, 6:19 PM EST) -- An Eleventh Circuit panel was poised Thursday to reverse, at the least, part of an order dismissing the claims of a putative class of homeowners who allege aerospace manufacturer United Technologies Corp. contaminated their groundwater.

During oral arguments in Miami, the appeals court panel said the district court should not have used facts gained from a Lone Pine order — used in toxic tort cases to force plaintiffs to provide some evidence before discovery — to rule on a motion to dismiss from UTC, which does...
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