ELG Utica Alloys, Inc. v. Niagara Mohawk Power Corp., Case No. 23-7575 (2nd Cir. 2025).
A party who commences remediation under Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) of one portion of a 23-acre facility in 2007, and pursuant to a 2015 consent order with the state government, continues to remediate contamination at a different portion of the facility is precluded from contribution under CERCLA’s six year statute of limitations as a site with a single source of pollution is ordinarily considered one facility for CERCLA purposes.
Doyle v. UBS Financial Services, Inc., Case No. 24-696 (2nd Cir. 2025).
Despite the instruction of Morgan v. Sundance, Inc., 596 U.S. 411, 419 (2022), that courts may not impose a “prejudice requirement” when evaluating whether a party has waived enforcement of an arbitration agreement, a party’s actions, including by seeking resolution of their dispute in the trial court, may constitute a waiver of the right to compel arbitration.
