RECENT FEDERAL DECISIONS

March 2008

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District Court Addresses Allocation of Recovery Proceeds Received by PRP in Determining Proper Credit Due Defendants in PRP’s CERCLA Contribution Claim
Friedland v. TIC-The Industrial Company, ___ F.Supp.2d___

The District Court granted defendants’ motion for summary judgment. Plaintiff sued former contractors for contribution where he had paid substantial amounts to the government for recovery costs. Defendants argued that plaintiff’s settlements with his insurance companies—for sums in excess of his payments to the government—meant that he had no compensable damages under CERCLA § 113. Plaintiff argued that settlements were meant to cover his attorney’s fees as well as response costs, though the settlement agreement did not so specify.