RECENT FEDERAL DECISIONS

August 2009

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District Court Holds that Subsequent Property Purchaser Cannot Selectively Rely on Environmental Assessments Provided to the Previous Owner
Iron Partners, LLC v. Dames & Moore v. Oregon Iron Works, ___F.Supp.2d___

The District Court for the Western District of Washington granted summary judgment to defendants, Dames & Moore, URS Corporation, and URS Holdings (collectively D & M). The plaintiff, Iron Partners LLC, alleged that D & M, in performing an environmental assessment for a previous site owner, negligently failed to discover and disclose that a parcel of land, which Iron Partners currently owns was contaminated. The court held that Iron Partners’ negligent misrepresentation and common law negligence claims were insufficient as a matter of law and dismissed the plaintiff’s claims with prejudice.