Magistrate Judge: Discovery Needed On Whether Company Is ‘Dead And Buried’

Mealey's (November 17, 2017, 1:06 PM EST) -- DAYTON, Ohio — A federal judge in Ohio on Nov. 15 recommended denying a defendant company’s motion to dismiss a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit on the ground that discovery is necessary to determine if the company is “dead and buried” and thus subject to liability under the statute (Garrett Day, LLC v. International Paper Company, Inc., et al., No. 15-cv-00036, S.D. Ohio, 2017 U.S. Dist. LEXIS 188568)....