CNH's Cleanup Suit Turns On Contaminant's Origin: Judge

Law360, New York (September 11, 2012, 3:39 PM EDT) -- A Wisconsin federal magistrate judge on Monday refused CNH America LLC’s attempt to secure an outright win on breach of contract and liability claims against Champion Environmental Services Inc. over PCB contamination at its industrial site, saying issues of material fact remain.

U.S. Magistrate Judge William E. Callahan Jr. refused to reconsider his March decision denying CNH’s partial motion for summary judgment on claims Champion breached its contract and was liable for the contamination and cleanup as an “arranger” and “transporter” under the Comprehensive Environmental Response,...
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