United States Eleventh Circuit

Summary judgment in favor of defendants, in case involving attempt to seek contribution for environmental cleanup costs from parent corporations of previous owners of a pollution-causing facility, and attempt to prove coverage under three insurance policies, is affirmed where: 1) the court has jurisdiction; 2) a reasonable jury could not find that either of two defendants managed, directed or conducted operations of the facility specifically related to pollution, leakage, or disposal of hazardous waste; and 3) for purposes of insurance coverage, plaintiff has pointed to no evidence that the owners of the facility were unaware of the leakage problem during the early 1940s, and plaintiff has clearly failed to prove that such leakages were unexpected.

Appellate Information

• Decided 09/06/2006
• Published 09/06/2006

Judges

• ANDERSON, Circuit Judge:, Before ANDERSON, DUBINA and HILL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Edward A. Kazmarek, W. Scott Laseter, Kimberley J. Hale, McKenna, Long & Aldridge, LLP, Atlanta, GA, Betsy C. Cox, Rogers Towers, Jacksonville, FL, for Plaintiff-Appellant.


• For Appellees:
  
• John H. Grady, Emily C. Baker, Ryan Preston Reavis, Jones Day, Atlanta, GA, John Andrew Tucker, IV, Foley & Lardner, LLP, Jacksonville, FL, Jay N. Varon, Foley & Lardner, Washington, DC, James M. Caragher, Foley & Lardner, Milwaukee, WI, Stephen C. Ascher, Cohn, Baughman & Martin, Chicago, IL, for Defendants-Appellees.