HIGH COURT DENIAL OF SUPERFUND PREEMPTION RULING MAY EXPAND LIABILITY

摘要

The Supreme Court's decision to allow to stand a circuit court ruling that federal Superfund law preempts state statutes of repose could expand plaintiffs' ability to file claims against industry and also create confusion on the issue among the various circuit courts, according to some lawyers who argued the case.rnThe high court on June 22 announced it would not review the U.S. Court of Appeals for the 9th Circuit's ruling in Sunoco Inc., et al., v. Thomas McDonald, et al. that overturned a federal district court decision holding that McDonald's negligence claim against Sunoco and the Sun Oil Company - the prior owners of his property - was barred by Oregon's statue of repose for negligent injury to person or property.