U.S. v. Compaction Systems Corp., 88 F.Supp.2d 339 (D.N.J., Dec 02, 1999)
Practice Areas: Environmental & Toxic Tort Litigation
In action under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for cost recovery and declaratory relief against numerous potentially responsible parties (PRPs), United States entered into consent decree with all but one PRP. Settling PRPs filed third-party complaint against non-settling PRP for contribution for costs. After court granted partial summary judgment in favor of settling PRPs, non-settling PRP moved for reconsideration. After court granted motion, settling PRPs moved for reconsideration. The District Court, Hedges, United States Magistrate Judge, held that: (1) settling PRPs satisfied liability requirement for maintaining claim for contribution; (2) settling PRPs were not volunteers, even though they did not admit liability in consent decree; and (3) evidence was sufficient to establish non-settling PRP’s liability.