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Carroll v. Fort James Corp.

ELR Citation: 36 ELR 20234
Nos. No. 05-60582, (5th Cir., 11/27/2006)

The court affirmed in part and reversed in part a lower court decision dismissing homeowners' suit against a former landowner for allegedly dumping hazardous waste on the property before selling it to a developer. The homeowners failed to plead fraud with sufficient particularity, and the lower court did not abuse its discretion in denying a motion for leave to amend. However, the lower court erred in dismissing several tort claims sua sponte because it failed to provide the parties with any notice or opportunity to be heard before issuing its order of dismissal. This treatment of the case did not provide adequate fairness to the parties and, thus, constitutes reversible error.