Maryland District Court Holds That Acts Prior To Bankruptcy Discharged Defendant’s CERCLA Liability – Update from Manko Gold Katcher Fox

October 20, 2021

Spencer A. Hill, Jr.

MGFK Litigation Blog

On October 12, 2021, the United States District Court for the District of Maryland granted summary judgment to Defendant Schumacher & Seiler, Inc. (“S&S”) and dismissed Plaintiff 68th Street Site Work Group’s claim for contribution under CERCLA. See 68th Street Site Workers Group v. AIRGAS Inc., Slip Op. (October 12, 2021). The District Court, applying the “underlying acts” or “conduct” approach, held that the Defendant’s CERCLA liability arose prior to, and was therefore discharged by, its Chapter 11 bankruptcy.

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