Lawsuit to Enforce Cleanup Agreement Dismissed After Years of Delay in Litigation

摘要

A corporation's nine-year delay in pursuing its Superfund case, caused in part by its negotiations with third parties to cover the cost of cleaning up a contaminated site, warranted dismissal for failure to prosecute, a federal appeals court held April 7 in an unpublished opinion (Bay Corrugated Container, Inc. v. Gould, Inc., 2015 BL 97742, 6th Cir., No. 14-1237, 4/7/15). The delay showed a "reckless disregard" for the proceedings that prejudiced the defendant, the U.S. Court of Appeals for the Sixth Circuit said in the unanimous opinion.