Tuesday, June 10, 2014

CTS Corp. v. Waldburger

<> CTS Corp. v. Waldburger - 6/9/14. In the the U.S. Supreme Court, Docket No. 13-339. Appealed from the Fourth Circuit. The issue involved is whether the Fourth Circuit correctly interpreted the preemption provision of CERCLA to apply to state statutes of repose in addition to state statutes of limitations. In a complicated split decision the High Court ruled in part, "A divided panel of the Court of Appeals for the Fourth Circuit held that §9658 does pre-empt statutes of repose. That holding was in error, and, for the reasons that follow, the judgment of the Court of Appeals must be reversed."

Supreme Court Supports Toxic Polluters, Imperils Camp Lejeune Vets' Litigation - "I am outraged by today's Supreme Court decision which once again demonstrates the power of corporations over the rights of individual in this country," said consumer advocate Erin Brockovich.