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Fisher v. Ciba Specialty Chems. Corp.

ELR Citation: 37 ELR 20279
Nos. No. 03-0566-WS-B, (S.D. Ala., 10/11/2007)

A district ruled on several pre-trial motions of both defendants and plaintiffs alleging property damage caused by a defendant's contamination at its nearby chemical manufacturing facility (a designated Superfund site), negligence, fraud, fraudulent concealment, strict liability, trespass, and civil Racketeer Influenced and Corrupt Organizations Act (RICO). With respect to environmental law, plaintiffs' affidavits are not barred where they aver diminution in market value without assistance of expert testimony or other sophisticated analyses of value; defendant's motion for partial summary judgment on fraud and RICO claims are granted where plaintiffs failed to demonstrate reliance to their detriment on defendant's statements concerning the risks and prevalence of dichloro-diphenyltrichloroethane in the community; and plaintiffs' claims for alleged property damage based on defendant's actions several decades ago are not time barred by the "federally required commencement date" requirement.