United States Ninth Circuit

The standard for claim discovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (and not California's one-year statute) is applied to claims alleging illness caused by hazardous substance releases, and publicity was not sufficient as a matter of law for a reasonable plaintiff to know that defendant's actions were the cause of injury.

Appellate Information

• Argued 10/01/2001
• Decided 11/27/2002
• Published 11/27/2002

Judges

• Before: O'SCANNLAIN and PAEZ, Circuit Judges, and KING, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• A. Barry Cappello,Cappello & McCann LLP, Santa Barbara, CA;  Tina B. Nieves, Hector G. Gancedo, Gancedo & Nieves, Pasadena, CA, for the plaintiffs-appellants.


• For Appellees:
  
• William W. Schofield, Paul, Hastings, Janofsky & Walker LLP, San Francisco, CA, for the defendants-appellees.