San Diego — A federal appeals court on Thursday issued a ruling that revives a city of San Diego lawsuit seeking roughly $250 million from a major energy firm over its cleanup of pollution beneath the Qualcomm Stadium site.
The Ninth Circuit Court of Appeals reversed a lower-court ruling that dismissed, without a jury trial, all of the city’s claims against Kinder Morgan Energy Partners, which owns a large gasoline tank farm in Mission Valley.
A U.S. District Court judge in 2013 refused to consider opinions from the city’s experts, but the Ninth Circuit held that it’s up to a jury to determine whether and to what extent the city can rely on experts.