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Defenses and objections, FRCP 12

Broudy v. Mather

The court upholds the dismissal of military veterans' claims that they were denied meaningful access to administrative proceedings before the Department of Veterans Affairs to pursue compensation for their alleged exposure to dangerous...

Waco, City of v. Schouten

The court denied motions to dismiss a city's Comprehensive Environmental Compensation, Recovery, and Liability Act (CERCLA), Clean Water Act (CWA), and state-law claims against various dairy owners and operators. Venue over the city's...

Gould Elecs., Inc. v. United States

The court reverses a district court dismissal, for lack of subject matter jurisdiction, of battery manufacturers' Federal Tort Claims Act (FTCA) suit against the United States that sought contribution for a settlement agreement...

Organic Chems. Site PRP Group v. Total Petroleum, Inc.

The court declines to dismiss a suit brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA) by a company seeking to recover remediation...

United States v. Villegas

The court holds that the co-owner of a medical testing laboratory, who had placed vials of blood in a river bulkhead, knowingly discharged pollutants into navigable waters in violation of the Federal Water Pollution Control Act (FWPCA...