Inside CTS Corp. V. Waldburger

Law360, New York (April 30, 2014, 6:11 PM EDT) -- A corner of the Comprehensive Environmental Response, Compensation, and Liability Act rarely explored by most Superfund lawyers is the subject of a current U.S. Supreme Court case. The case is not about cleanup, but about whether CERCLA can be used to revive otherwise time-barred toxic tort claims brought under a state statute.

The Supreme Court heard oral argument in CTS Corp. v. Waldburger, 723 F.3d 434 (4th Cir. 2013), cert. granted, 134 S. Ct. 896 (U.S. Jan. 10, 2014) (No. 13-339), on April 23, 2014.[1] The briefing can be found here and the transcript from oral argument can be found here....

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