Akzo Nobel Coatings, Inc. v. Aigner Corp.
United States Court of Appeals for the Seventh Circuit
197 F.3d 302 (1999)
Relevant factsFree
Akzo (plaintiff) and Aigner (defendant) were both responsible parties in a CERCLA cleanup at the Fisher-Calo site; Aigner did most of the cleanup work and had separately settled with other responsible parties, while the district court allocated liability using a state comparative-fault statute that ignored the shares of parties not named in the suit, resulting in Akzo owing more than its actual 9% share of waste volume.
IssueFree
Whether, in a CERCLA contribution suit, present and future third-party settlement payments must be deducted from total cleanup costs before dividing the remaining sum among the litigating parties.