Akzo Nobel Coatings, Inc. v. Aigner Corp.
United States Court of Appeals for the Seventh Circuit
197 F.3d 302 (1999)
Akzo Nobel Coatings, Inc. (Akzo) (plaintiff) filed suit in federal district court against Aigner Corporation and others (Aigner) (defendant) seeking financial contribution under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), related to cleanup costs of hazardous waste and chemicals at a site known as Fisher-Calo. Aigner performed the bulk of the cleanup work and settled with some of the other responsible companies. Akzo also performed cleanup duties on an area it knew it was responsible for. Pursuant to §§ 2 and 6 of the Uniform Comparative Fault Act (UCFA), the district court divided liability amongst the parties on the basis of the volume of waste disposed at the site, with all wastes being weighted equally. Some generators of hazardous waste were ignored because they were not parties to the suit. The district court ordered Akzo to reimburse Aigner for 12.56 percent of the costs Aigner incurred, or will incur in the future, in the cleanup. However, Akzo generated only 9 percent of the waste by volume. Akzo appealed.
Rule of Law
Holding and Reasoning (Easterbrook, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.