First Circuit: Paolino v. JF Realty, LLC

FRCP, Environmental, Fees


No abuse of discretion in court's refusal to allow revised late-filed expert testimony, as it was duplicative of other testimony, and the equitable reason for the delay had a procedural remedy.

Judgement was not against the weight of the evidence, as the only proof of pollution was from a mingled source and there are other remedial efforts in place to effect the purposes of the statute.

Award of fees under statute upheld, as suit was filed after defts had remedied the harm.
 
Paolino v. JF Realty, LLC