RECENT STATE DECISIONS

October 2008

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Wisconsin Court of Appeals Affirms Judgment Finding PRP Did Not Assume Duty to Neighboring Landowner Simply by Cleaning Up Site
Dyer v. Blackhawk Leather LLC

The Wisconsin Court of Appeals affirmed the state Circuit Court’s summary judgment dismissing a group of defendants, including Blackhawk Leather, LLC (Generators). The Circuit Court previously dismissed the Generators because plaintiffs Dyer, et al. (plaintiffs) did not produce any evidence linking the Generators’ actions the vinyl chloride in plaintiffs’ water and failed to present any evidence that would create a genuine issue of material fact.