STORY FROM: Benzene & Emerging Toxic Torts Litigation

New Hampshire Federal Court Tosses Unjust Enrichment Claim in Water Contamination Suit; Allows Rest of Claims to Proceed

CONCORD, N.H. –– A New Hampshire federal court has declined to dismiss the majority of the claims asserted in a water contamination suit, finding that, while at times the allegations in the complaint are “less than robust,” dismissal of the complaint at this stage is not appropriate.

In the Dec. 6 order, the U.S. District Court for the District of New Hampshire did dismiss the claim for unjust enrichment, saying the plaintiffs had failed to prove that the state recognizes the cause of action.

In a Dec. 20 docket entry, the court reiterated that it was also considering whether ...

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