Use of Wrong Standard in Pleading Ruled Not Fatal to Cost-Recovery Claim

摘要

A federal district court declined to dismiss a super-fund claim by shipyard owners against the owners of a neighboring steel mill in Baltimore despite plaintiffs' failure to plead the correct standard for private cost recovery (SPS Limited Partnership LLLP v. Severstal Sparrows Point LLC, D. Md., No. l:10-cv-02579, 7/5/11). In a July 5 decision, the U.S. District Court for the District of Maryland said that plaintiffs' factual allegations nonetheless demonstrate compliance with the elements required to make a claim for private cost recovery.