By Andrew H. Perellis and Ilana R. Morady

Suppose you enter into a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Administrative Order to perform remediation where your release of liability is conditioned on successful performance of the remedy to the U.S. Environmental Protection Agency’s satisfaction. You want to recover some of your response costs so you sue other potentially
Continue Reading 7th Circuit Issues Important Superseding Opinion Clarifying When CERCLA Provisions Establishing Contribution as Exclusive Remedy Have Been Triggered

By Andrew H. Perellis, Philip L. Comella, and Craig B. Simonsen

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The Court found that the only issue for resolution was whether there was any evidence that the defendant, an “innocent purchaser,” was liable for the alleged re-contamination of a former Superfund site.

U.S. District Judge Ron Clark recently adopted Magistrate Judge Keith F. Giblin’s Report and Recommendations and
Continue Reading Innocent Purchaser Defense Wins Summary Judgment in Texas District Court