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NCR Wins Trial on Arranger Liability under Superfund Statute

On July 3, 2012, the U.S. District Court for the Eastern District of Wisconsin ruled that Cravath client NCR Corporation was not liable as an “arranger” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the “Superfund Statute.” Based on testimony and evidence presented during a seven-day bench trial in February 2012, Judge William Griesbach decided that NCR and facilities previously owned by NCR had not “arranged” for the disposal of hazardous waste into the Fox River in Wisconsin through the sale of PCB-containing paper scrap that resulted from the manufacturing of carbonless copy paper. This ruling saves NCR from approximately $100 million in liability to other corporations for the remediation of the Fox River and may have important implications in other actions, including a pending lawsuit brought by corporations seeking reimbursement for remediation of the Kalamazoo River in Michigan.

The Cravath team included partners Evan R. Chesler, Darin P. McAtee and David R. Marriott and associates Omid H. Nasab, Rebecca R. Silber, Vanessa A. Lavely, Lindsay J. Smith, Lindsay W. Bowen, Owen J.M. Roth, Stephen W. Miller, Jennifer A. Jude, Stephen C. Mouritsen and Lauren Roberta Kennedy.