Read Carroll v. Fort James Corp, 05-60582

Dismissal of a suit brought by homeowners arising from alleged dumping of hazardous waste at their homes' site is affirmed in part over challenges to a ruling that plaintiffs failed to plead fraud with sufficient particularity, and a claim that the court abused its discretion in denying a motion for leave to amend. The judgment is reversed in part pursuant to a claim that the court dismissed several tort claims sua sponte without providing adequate fairness to the parties.

Appellate Information

• Decided 11/27/2006
• Published 11/28/2006

Judges

• BENAVIDES, Circuit Judge:, Before JOLLY, DAVIS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gregg L. Spyridon (argued), Spyridon, Koch, Palermo & Dornan, Metairie, LA, for Plaintiffs-Appellants.


• For Appellees:
  
• Joe Sam Owen, Owen & Galloway, Gulfport, MS, J. Kevin Buster (argued), Carmen Rosario Toledo, King & Spalding, Atlanta, GA, for Defendant-Appellee.