Court Dismisses Several Claims by ABC Disposal, Encourages Trial

NEW BEDFORD — The Bristol County Superior Court has issued a split decision in the City of New Bedford's challenges to counterclaims by ABC Disposal Service in relation to a lawsuit filed by the City.

Over the summer, the waste collection company filed six counterclaims to the City's May 2018 lawsuit, saying they shouldn't be held to the contract and that the City failed to prevent residents from improperly disposing of contaminated materials. The City filed the lawsuit after ABC tried to increase fees, citing stricter disposal regulations in China.

The City challenged four of the six counterclaims by ABC in Bristol County Superior Court, with the court dismissing three of the counterclaims on Friday.

The Superior Court encouraged the City and ABC Disposal to move to trial to resolve a dispute over contractual terms.

“I am pleased that the Court not only dismissed three of ABC’s counterclaims but also declined to allow ABC to be immediately released from its contract," said New Bedford Mayor Jon Mitchell in a written statement. "We will continue to defend the interests of taxpayers and residents who depend on trash and recycling services.”