LEGAL ADVISORY 8-21-19: Recent CERCLA Decisions in New York State Highlight Strict Pleading Standard Rochester Chapter

LEGAL ADVISORY FROM RAC NYSCAR AFFILIATE MEMBER, HARRIS BEACH PLLC:  Recent CERCLA Decisions in New York State Highlight Strict Pleading Standard

Two recent decisions in New York state’s federal courts granted defendants’ motions to dismiss based on inadequately pled allegations, highlighting the strict pleading standard of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Both cases present ammunition to dismiss a case at the early stages of the litigation based on the allegations in a complaint.  Read Full Article