|RECENT FEDERAL DECISIONS|
Ohio District Court Finds Broad Language in a State Court Judgment as Collateral Estoppel
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Leatherworks Partnership, et al. v. Berk Realty Inc., et al., ___F.Supp.2d___
The U.S. District Court for the Northern District of Ohio dismissed an action by plaintiffs on collateral estoppel grounds, holding: (1) the court would not relitigate matters already decided by a state court with continuing jurisdiction, and (2) a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) claim could not be brought. In finding the CERCLA action could not be brought the court reasoned: (1) plaintiffs could not maintain an contribution action without first being sued in an administrative or cost recovery action, (2) plaintiffs based federal jurisdiction on diversity of citizenship not on a federal question and, (3) all of the harm alleged that could support a CERCLA claim was already governed by the broad language of the state court’s judgment.
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Read related items on:
Statutes - Federal) Comprehensive Environmental Response, Compensation and Liability Act) Collateral Estoppel
Topics) Litigation) Collateral Estoppel
Ohio) All State
Northern District of Ohio
Leatherworks Partnership, et al. v. Berk Realty, Inc., et al.