U.S. says plaintiff who never disclosed leaking fuel oil cannot now argue 'continuing claim' to avoid limitation

摘要

The United States contended on Nov. 19 that Ricciardi Family LLC has failed to show that its claim is a "continuing claim" as that term has been defined by the federal courts in non-tort cases and thus is barred by the six-year statute of limitation with respect to sovereign immunity. The case is in federal court for the District of New Jersey. (See issue of Nov. 15, 2010 P. 12.) The government asserts that the complaint, seeking contribution from the U.S. Postal Service for the costs of cleaning up oil from a leaking underground heating oil tank at 347 Espanog Road, Jefferson Township, New Jersey, is an effort "to avoid the consequences of its dilatory conduct." The USPS leased the building from Ricciardi.