Lozar v. Birds Eye Foods, Inc.

OPINION and ORDER

PAUL L. MALONEY, Chief Judge.

“Lozar 3”

Granting in Part and Denying in Part the Motion to Dismiss Parts of Count One and Two:

Dismissing Count 1 (Negligence) for Failure to State a Claim to the Extent that it Relies on Negligence Per Se Consisting of Alleged Violation of the SDWA

Declining to Dismiss Count 1 (Negligence) for Failure to State a Claim to the Extent that it Relies on Negligence Per Se due to Alleged Violation of CERCLA, RCRA, and/or Michigan NREPA

Dismissing Count 2 (Remediation/Response Costs) for Failure to State a Claim to the Extent that it Relies on Violation…