United States Seventh Circuit
Arrow Gear Co. v. Downers Grove Sanitary Dist., 09-1509
In plaintiffs' suits under section 113(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. section 9613(b), seeking to shift some of the costs to other polluters that plaintiffs had incurred as a result of having been found liable for groundwater contamination in a class action suit, district court's dismissal of the suits as barred by res judicata is reversed as defendants have no defense of res judicata to the present suits because there is no doubt that the settlements confine release to claims by defendants against one another concerning the allocation of the $16 million.
Appellate Information
- Argued 10/01/2010
- Decided 12/10/2010
- Published 12/10/2010
Judges
Court
- United States Seventh Circuit