Arlington, VA – A judge has dismissed with prejudice a annoying class action Lawsuit filed in federal court in Pennsylvania against waste connections. The lead plaintiff in the case, Ms. Robin Baptiste, had claimed she had been bothered by smells emanating from the company’s Bethlehem landfill, but during a dump in March 2021 she admitted the smell was from the Bethlehem sewage treatment plant . Judge Chad F. Kenney’s decision to dismiss the case with bias prevents plaintiffs from filing a future lawsuit against the defendant on the same matter.
“We welcome Judge Kenney’s decision to dismiss this lawsuit,” said Darrell Smith, president and CEO of the National Waste & Recycling Association (NWRA). “Landfills are sophisticated facilities that meet strict local, state, and federal regulations.”
“This is an important reminder for NWRA members who defend harassment and other mass damage claims to always scrutinize the evidence,” said Jim Riley, chief counsel and senior vice president of government affairs for NWRA. “Members of the business community often agree to pay large settlements to plaintiffs’ law firms to make them disappear even if they are not to blame, but that only leads to more lawsuits. We bring these companies’ attention to this – the waste and recycling industry will not only challenge dubious claims when they are filed, but also seek sanctions against these companies if there is evidence that they know the responsibility lies elsewhere. “
In 2019, NWRA delivered a heavy amicus contract to Third Circuit in Baptiste versus Bethlehem Landfill Co. in support of Waste Connections.
The reason for the dismissal was recorded in rule 41 determination and reported at 2021 WL 1232779 (ED Pa. March 30, 2021).
The National Waste & Recycling Association (NWRA) represents the private sector waste and recycling services industry. Association members operate in all 50 states and include companies that manage waste, recycling and medical waste, equipment manufacturers and distributors, and a variety of other service providers. For more information on NWRA, see www.wasterecycling.org.