United States Sixth Circuit

In a dispute between two companies over liability for Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) clean-up costs for hazardous waste at certain sites, denial of a motion to set aside a judgment in favor of defendant is affirmed where: 1) there was no abuse of discretion in denying the motion to set aside judgment as plaintiff had waived its argument; 2) the intervening-change-in-law exception to the waiver rule did not apply; and 3) case precedent plaintiff relied upon did not establish that it would prevail. Denial of motion to stay execution of the judgment is affirmed as the appeal was moot.

Appellate Information

• Decided 02/12/2007
• Published 02/12/2007

Judges

• Before SUTTON and GRIFFIN, Circuit Judges;  COHN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael L. Hardy, Thompson Hine, Cleveland, Ohio, for Appellant.  Peter Buscemi, Morgan, Lewis & Bockius, Washington, D.C., for Appellee.   ON BRIEF:  Michael L. Hardy, Brian A. Troyer, Anthony J. Rospert, Thompson Hine, Cleveland, Ohio, for Appellant.   Peter Buscemi, Ralph N. Albright, Jr., Thomas J. O'Brien, Wade B. Wilson, Morgan, Lewis & Bockius, Washington, D.C., for Appellee.