News & Analysis as of

Contribution Claims

How Wrong Does a District Court Have to Be to Abuse Its Discretion?

The 9th Circuit Court of Appeals has reversed a District Court decision allocating 100% of CERCLA response costs at a San Diego Superfund site to TDY Holdings, which operated an aeronautical manufacturing plant from 1939 to...more

United States Liable as an Owner Under CERCLA for Contamination on Navajo Reservation Land

by Snell & Wilmer on

Last week, a United States District Court in Arizona held that the United States was an “owner” of Navajo Reservation Trust Land for purposes of CERCLA liability. See El Paso Nat. Gas Co. v. United States, 2017 WL 3492993 (D....more

Ninth Circuit Clarifies Three Issues of First Impression for Parties in CERCLA Contribution Actions

by Nossaman LLP on

In Asarco LLC v. Atlantic Richfield Company, No. 14-35723 (9th Cir. Aug. 10, 2017), the United States Court of Appeals for the Ninth Circuit issued a published opinion interpreting the statute of limitations for contribution...more

Fifth Circuit: Responsible Party Has Right to Recover Contribution from Others at Fault in Oil Spills

by Holland & Knight LLP on

In a recent ruling dated June 9, 2017, In re: Complaint of Settoon Towing LLC, the U.S. Court of Appeals for the Fifth Circuit interpreted the statutory language of the Oil Pollution Act of 1990 (OPA) to grant the responsible...more

Commercial Division Rejects Third-Party Claim as Derivative in Trusts’ Suit Concerning Upper West Side Beaux-Arts Building

Asserting a claim on behalf of a trust in the Commercial Division can be risky, as the party asserting the claim must establish that the claimed injury is independent of any injury to the trust, and that they are therefore...more

Employee Benefits Developments - March 2017

by Hodgson Russ LLP on

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of March, 2017. Company Owner Found Personally Liable for Unpaid Contributions to Union Benefit Funds...more

Competition Damages – UK implementation of the EU Damages Directive

by White & Case LLP on

Regulations implementing the EU Damages Directive in the UK are set to introduce important changes to the law on limitation, burden of proof, and liability in competition damages claims...more

Double-Breasted Company Owners, Officers Can Be Indicted for Underpaying Benefit Contributions

by Holland & Knight LLP on

The U.S. District Court for the District of Massachusetts held in September that the shareholders and officers of a double-breasted construction company can be indicted and could go to prison if the government proves they...more

Assignment v. Subrogation — Prosecuting Recovery Actions Arising from Personal Injury Claims

by Cozen O'Connor on

It is common in most jurisdictions that personal injury claims cannot be assigned. This can occasionally present a concern when an insurance carrier attempts to bring a contribution action against a third-party tortfeasor...more

Massachusetts Supreme Judicial Court Rejects "Selective Tender Rule" As Exception to Doctrine of Equitable Contribution Among...

by Mintz Levin on

On Monday, March 7, 2016, the Massachusetts Supreme Judicial Court (“SJC”) rejected the “selective tender rule” as contrary to Massachusetts insurance law and sound public policy in Insurance Company of the State of...more

Contribution Claims: Uncertain Jurisdictional Basis

by Allen & Overy LLP on

An automotive component producer and an insurer have separately challenged the jurisdiction of the High Court in Iveco SpA & Iveco Ltd v Magna Electronics Srl [2015] EWHC 2887 (TCC), 13 November 2015 & XL Insurance Co SE v...more

Blog: Commercial Court Considers Jurisdictional Issues Affecting Contribution Claims

by Cooley LLP on

In XL Insurance Company SE v AXA Corporate Solutions Assurance [2015] EWHC 3431 (Comm), the Commercial Court has held that, pursuant to Article 4 of EU Regulation 1215/2012, it had no jurisdiction to hear a dispute between a...more

Michigan Court Dismisses Cross-Claim as Insurer Not Properly Subject to a Claim for Breach of Fiduciary Duty

by Wilson Elser on

In Van Loo v. Cajun Operating Co, No. 14-cv-10604 (E.D. Mich. Sept. 17, 2015), the Eastern District of Michigan, a Sixth Circuit district court, held that the requirement for evidence of insurability was triggered based on...more

Court Extends Insurer Rights to Equitable Contribution

In Underwriters of Interest v. ProBuilders Specialty Ins. Co. (No. D066615; filed 10/23/15), a California appeals court refused to enforce an “escape” other insurance clause in an insurer versus insurer contribution action,...more

Change in Limitation Period Law Significant for Construction Projects

by Bennett Jones LLP on

In Whitecourt Power Limited Partnership v Elliott Turbomachinery Canada Inc., 2015 ABCA 252 (Whitecourt Power), the Alberta Court of Appeal interpreted a recent amendment to the Limitations Act that changed the limitation...more

CERCLA Statute of Limitations Applies To Contribution Claims By A Party to a Private Settlement

Sometimes cases seem to be deciding issues that are so obvious it’s hard to figure out why they get any serious attention from the courts. One such case is ASARCO, LLC v. Celanese Chemical Company recently decided by the...more

South Carolina Court Limits CERCLA Remedies

by Williams Mullen on

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allows the federal government to collect funds from or to order a “potentially responsible party” (“PRP”) to clean up contaminated sites. 42...more

Are Concurrent CERCLA Claims For Section 107(a) Cost Recovery and Section 113(f) Contribution Permissible?

Given the uncertainties after Cooper Industries v. Aviall about what cause of action a PRP has for recovering response costs under CERCLA, many parties take the prudent course of pleading claims under both for cost recovery...more

CERCLA’s Confusion Between Section 107 and Section 113

Over a decade after the Supreme Court’s decision in Cooper Industries v. Aviall, the divide between CERCLA Section 107 cost recovery claims and Section 113 contribution claims remains unsettled. PRPs incurring response costs...more

Mixing Concrete, Like Baking a Cake, is Fraught with Problems When the Recipe is Not Followed

“Mixing concrete, like baking a cake, is fraught with problems when the recipe is not followed.” – Justice Kenneth Yegan, State Ready Mix, Inc. v. Moffatt & Nichol, California Court of Appeal for the Second District, Case No....more

A Win for Nonsettling Defendants Facing Securities Act Claims

by Morgan Lewis on

Nonsettling defendants that faced Securities Act claims were protected from disproportionate liability following a partial settlement. On February 3, Judge William H. Orrick of the U.S. District Court for the Northern...more

New Jersey Supreme Court Rules Unanimously: There is No Statute of Limitations Defense to Contribution Actions Under the Spill Act

by K&L Gates LLP on

On January 26, 2015, the New Jersey Supreme Court unanimously ruled in Morristown Associates v. Grant Oil Co. that the general six-year statute of limitations for injury to real property does not apply to contribution claims...more

New Jersey Supreme Court Rules No Time Bar for Spill Act Contribution Claims

by Wilson Elser on

In a unanimous decision on January 26, 2015, the Supreme Court of New Jersey, in Morristown Associates v. Grant Oil Co., overturned two lower-court decisions and held that the six-year statute of limitations for damage to...more

Case Settled! New Jersey Supreme Court Says No Time Limits to Spill Act Contribution Claims

by Blank Rome LLP on

Action Item: Defendants can no longer assert a statute of limitations defense to claims of contribution under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq. (“Spill Act”). ...more

New Jersey Supreme Court: No Statute of Limitations for Private Claims for Contribution Under NJ Spill Act

by McCarter & English, LLP on

Following principles of strict statutory construction and refusing to “unsettle a decades-long understanding in this State,” on January 26, 2015, the New Jersey Supreme Court unanimously ruled that there is no statute of...more

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