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Second Circuit Bars Duplicate Billing Under CERCLA



by Sudhir Lay Burgaard
Morris Polich & Purdy LLP - Los Angeles Office

April 21, 2014

Previously published on April 1, 2014

On March 18, 2014, in a case of first impression, the Second Circuit ruled in Price Trucking Corp. v. Norampac Industries, Inc. that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) does not permit a plaintiff subcontractor to recover the value of unpaid work directly from a defendant landowner when the landowner has already paid the general contractor for the subcontractor’s work but the general contractor fails to pay the subcontractor. The district court granted partial summary judgment to the plaintiff subcontractor on this issue. However, the Second Circuit reversed the district court’s decision.


 

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