RECENT FEDERAL DECISIONS

October 2007

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Second Circuit Holds CERCLA Does Not Preempt State Statute Limiting Dissolved Corporation’s Capacity to Be Sued
Marsh v. Rosenbloom, ___F.3d___

In a CERCLA case where the U.S. government sued a dissolved Delaware corporation and its shareholder-distributees, the Second Circuit held that Delaware’s statute governing the winding up and dissolution of a corporation was not preempted by CERCLA’s six-year statute of limitations. The Second Circuit also refused to create a federal common law rule based on the equitable trust doctrine for CERCLA cases.