RECENT FEDERAL DECISIONS

August 2008

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District Court Let Stand Strict Liability Claim Premised on Allegation that Use of Dry Cleaning Chemicals Constitutes an Ultrahazardous Activity
Effkay Enterprises v. J.H. Cleaners, Inc., ___F.Supp.2d___

The U.S. District Court for the District of Colorado denied a motion to dismiss plaintiff’s strict liability claims against an alleged manufacturer and supplier of dry cleaning chemicals. Plaintiff alleged that, because of the inherent toxicity of the chemicals and the likelihood of contamination, the use, handling, storage and disposal of cleaning chemicals was an “abnormally dangerous or ultrahazardous activity.” The District Court found these allegations sufficient to overcome Rule 12(b)(6).