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Lee, Moore and Coxe Obtain Dismissal for Failure to State a Claim in Toxic Tort Case

September 3, 2020

Matthew Lee (Partner-DC Metro), Peter Moore (Partner-DC Metro) and H. Matson Coxe IV (Associate-DC Metro) successfully argued a motion to dismiss for failure to state a claim in the U.S. District Court for the Eastern District of Virginia. The client, a mold-remediation firm, was retained by the civilian owner and operator of military housing at Ft. Belvoir, Virginia. The family in residence alleged that multiple defendants, including our client, had failed to identify and remediate mold in the housing. The plaintiffs alleged that they suffered multiple personal injuries and the loss of personal property as a result of the exposure to mold. Matt, Peter and Matson argued that the plaintiffs had not and could not allege that their client caused any personal injuries to the plaintiffs; the plaintiffs had moved out before our client began its remediation work. The team further argued that plaintiffs’ personal property damage claim failed because the complaint had alleged the client was the second of two remediation firms brought in – both of which allegedly exposed the plaintiffs’ personal property to mold. The District Court, via a memorandum opinion, agreed with all of the team’s arguments and dismissed all of the claims against the client with prejudice. It denied the motions of almost all other co-defendants.

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