1st Circ. Affirms Pro Rata Liability For Long-Tail Claims

Law360, New York (November 20, 2009, 3:50 PM ET) -- A federal appeals court has vacated a $6.2 million jury verdict against Century Indemnity Co. in an environmental cleanup suit, ruling that the district court’s all-sums approach and jury instruction were not necessarily accurate in light of recent determinations by Massachusetts’ highest court.

A three judge panel of the U.S. Court of Appeals for the First Circuit remanded the case because it was unclear if the earlier judgment represented the total environmental liability of Boston Gas Co. at its Everett, Mass., facility or merely the liability...
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