SB Building asks for jury trial because U.S. §107 claim for $3 million is not for restitution but amount of loss

摘要

SB Building Associates and other defendants contended on June 2 that because the $3 million in damages sought by the United States is the amount of its loss, not the amount of the defendants' gain, the defendants are entitled to a jury trial in the government's lawsuit in connection with cleanup activities at two Superfund sites in Milltown, Middlesex County, New Jersey. (See issue of April 15,2014 Pages 7 and 24.) "From the plain language of CERCLA §107, it is clear that plaintiff's recovery will be measured through the exact opposite method than applies to restitution. The measure of damages requested in this case is the amount of plaintiff's 'loss' not the amount of defendants' 'gain'," SB Building states.