United States Tenth Circuit

In a CERCLA action against entities who were jointly liable with Plaintiff for an environmental cleanup, summary judgment for Defendants is affirmed, where Plaintiff had already recouped all of the costs he sought from other parties and the collateral-source rule did not apply in CERCLA actions.

Appellate Information

• Decided 05/29/2009
• Published 05/29/2009

Judges

• TACHA, Circuit Judge., Before TACHA, BALDOCK, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Perry L. Glantz (John D. Fognani and Fritz W. Ganz, with him on the briefs), Fognani & Faught, PLLC, Denver, Colorado, appearing for Appellant., Raymond B. Ludwiszewski, Peter E. Seley, and Michael K. Murphy, Gibson, Dunn & Crutcher, LLP, Washington, DC, filed an amicus curiae brief on behalf of Unisys Corporation.


• For Appellees:
  
• Terence M. Ridley, Wheeler Trigg Kennedy, LLP, Denver, Colorado, and Colin C. Deihl, Faegre & Benson, LLP, Denver, Colorado (Lamar F. Jost, Wheeler Trigg Kennedy, LLP, Denver, Colorado;  Delmar R. Ehrich and Bruce Jones, Faegre & Benson LLP, Denver, Colorado, with them on the brief), appearing for appellees.