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Cases to Watch: Supreme Court Could Address Key Cost Recovery Issue in Morrison Enterprises

By Keri L. Holleb Hotaling, Partner, Jenner & Block LLP When the Supreme Court returns from its summer recess on September 26 to select cases for review this fall, it is likely to consider taking up Morrison Enterprises, LLC v. Dravo Corp . The question presented is: Whether a party that...

Jenner & Block: Seventh Circuit “Clarifies” Position On CERCLA 113 v. 107 Claims

On July 31, 2013, the Seventh Circuit Court of Appeals issued an Amended Opinion in the case of Bernstein v. Bankert , Nos. 11-1501 and 11-1523. As discussed previously in this blog , the Seventh Circuit's original opinion addressed, among other things, the circumstances in which a plaintiff can...

U.S. Supreme Court Declines To Review 7th Circuit CERCLA Case

By Allison A. Torrence The U.S. Supreme Court has denied cert in the widely-followed case of Bernstein v. Bankert , No. 13-568, [ enhanced version available to lexis.com subscribers ], declining to review the Seventh Circuit's ruling on the availability of CERCLA cost recovery and contribution...