Company's Silence in Superfund Action Prompts Default Judgment, Treble Damages

摘要

A metal products manufacturer faces a default judgment and treble damages under the New Jersey Superfund law for its failure to respond to an action seeking cost recovery, indemnification and enforcement of a contract to clean up a contaminated site, a federal court in New Jersey has ruled (Cyprus Mines Corp. v. M&R Industries Inc., 2015 BL 88594, D.N.J., No. 14-cv-04590, 3/30/15). The default judgment was entered against M&R Industries Inc. because it "willfully and in bad faith" failed to file any response to Cyprus Mines Corp.'s complaint for cost recovery and contribution under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § § 9607(a), 9613(f)) and the New Jersey Superfund law, the U.S. District for the District of New Jersey said March 30.