Union Pacific Railroad Company v. West Coast Welders et al.

Motion to Dismiss Third Amended Complaint


Defendant filed its Motion to Dismiss Union Pacific's Third Amended Complaint asserting that plaintiff Union Pacific lacked standing under §107 of CERCLA (42 U.S.C. § 9607) and that no cause of action for contribution could lie based on the U.S. Supreme Court's (then recent) holding in Cooper v. Aviall. The case involved remediation of a former railroad wye which had subsequently been used a scrap yard by a number of different companies for some 30 years. The matter ultimately settled after a protracted multi-day mediation before Dan Weinstein and Cathy Yanni of JAMS.

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 9th Circuit, California | United States

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