July 15 Trial Anticipated In WTC Disaster Litigation; Act-Of-War Defense Upheld

July 15 Trial Anticipated In WTC Disaster Litigation; Act-Of-War Defense Upheld

NEW YORK - Claims for recovery of dust removal costs filed by the owner of a property one block from the site of the World Trade Center collapse in Manhattan were dismissed March 20 in the U.S. District Court for the Southern District of New York under the act-of-war exception to the Comprehensive Environmental Response, Compensation & Liability Act of 1980 (CERCLA, U.S. Code 42:9601); in a second order issued March 20, Judge Alvin K. Hellerstein adopted in part the joint case management plan submitted by parties in anticipation of a July 15 trial in the lawsuits brought against defendants allegedly responsible for the aircraft that struck the World Trade Center in September 2001 (In re Sept. 11 Litigation, No. 21-101, S.D. N.Y.; 2013 U.S. Dist. LEXIS 39160).

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