Cannon v. Burlington Coat Factory of North Carolina, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding notice alleging violation occurred within the five-year statute of limitations under the RCRA provided “a limited range of dates—October 2005 to October 2010”—and was sufficient because the notice alleged an ongoing problem rather than a specific incident
• finding 13 notice sufficient where a plaintiff merely alleged the defendant was “guilty of open 14 dumping, as that term is used in the RCRA”
• denying motion to dismiss where plaintiff alleged defendant was responsible for discharge of toxins at its site that remained “high above the allowable Maximum Containment Levels”
• finding notice adequately identified the dates of the violation by providing a five-year range of dates for continuous violation of discharging pollutants from a point source without a valid NPDES permit

Source: CourtListener parenthetical corpus (CC0).