Court Adopts Pro Tanto Method to Credit Settlement Amounts in Superfund Lawsuit

摘要

The amount of a settlement in a superfund cost recovery lawsuit involving multiple liable parties should be credited against the lawsuit's total requested damages using the "pro tanto" method, a federal district court held March 12 (Veolia Es Special Services Inc. v. Hiltop Investments Inc., S.D.W. Va., No. 07-153, 3/12/10).rnThe U.S. District Court for the Southern District of West Virginia found that the pro tanto method best fulfills the superfund goal of encouraging the prompt cleanup of contaminated sites.