3rd Circuit: United States Not Liable in Lead Case; Private Landlord Faces Charges

摘要

PHILADELPHIA -The Third Circuit U.S. Court of Appeals on Oct. 13 affirmed the dismissal of lead paint claims against a government agency and its secretary but reversed a district court's ruling, remanding claims against a private landlord (Derryen D. Cudjoe, et al. v. Department of Veterans Affairs, et al., No. 04-3003, 3rd. Cir.; 2005 U.S. App. LEXIS 22067). Barbarette and Derry Cudjoe, on behalf of their child Derryen D. Cudjoe, sued the U.S. Department of Veterans Affairs (DVA), Secretary of Veterans Affairs Anthony J. Principi and private landlord Roger W. Robert in the U.S. District Court for the Eastern District of Pennsylvania, alleging violation of federal law pertaining to lead paint disclosure. The plaintiffs argued that the defendants unlawfully failed to disclose lead paint contamination in an apartment under the Residential Lead-Based Paint Hazard Reduction Act (RLBHRA), 42 U.S. Code Section 4851 et seq. and the Toxic Substances Control Act (TSCA), 15 U. S. C. Section 2601 et seq.