NutraSweet Company, and Monsanto Company, Plaintiffs-Appellees, v. X-L Engineering Company, and Paul T. Prikos, individually, Defendants-Appellants., 227 F.3d 776

Summary

Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C.S. § 9601 et seq., plaintiff sued defendant for improperly disposing of hazardous compounds which contaminated plaintiff's property. The district court entered partial summary judgment for plaintiff, finding defendant to be partly responsible for the hazardous wastes. After a bench trial, the district court found that defendant was 100 percent liable and awarded plaintiff its full amount of damages. Defendant appealed and the court affirmed judgment for plaintiffs. Because there was no genuine issue that defendant was responsible for some of the hazardous wastes on the property, the district court did not err in granting plaintiff partial summary judgment. The district court did not abuse its discretion in limiting defendant's expert testimony due to defendant's untimely filing of its supplemental expert report or in determining that plaintiff's expert's techniques and ...