Trends Since Burlington Northern ...

Law360, New York (November 4, 2011, 1:10 PM EDT) -- In the two years since the U.S. Supreme Court handed down Burlington Northern v. United States, 129 S. Ct. 1870 (2009), district courts have been divided over whether Burlington Northern represented a sea change in the way courts should approach apportionment and divisibility as a defense to liability under Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act.

Regardless, several themes in the apportionment/divisibility analysis have emerged in recent district court decisions that potentially responsible parties should consider in litigating joint and several liability...
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