The Right to Trial by Jury in CERCLA Cost-Recovery and Contribution Actions

April 1995
Citation:
25
ELR 10185
Issue
4
Author
Christopher G. Smith

Editors' Summary: Federal district courts are nearly unanimous in holding that the right to trial by jury under the Seventh Amendment to the U.S. Constitution does not apply to CERCLA cost-recovery and contribution actions, because those actions are for equitable restitution rather than legal damages. The author suggests that the district courts have erroneously concluded that these actions seek equitable restitution. The Article begins by discussing the U.S. Supreme Court's Seventh Amendment analysis for determining whether actions brought under federal statutes are legal or equitable. Applying this analysis to CERCLA cost-recovery and contribution actions in concert with long-standing principles of equity, the author concludes that CERCLA litigants have a right to a jury trial, because such actions involve legal rather than equitable issues, and seek legal rather than equitable relief.

Mr. Smith is an associate at Cleary, Gottlieb, Steen & Hamilton in Washington, D.C. The author thanks Charles F. Lettow and Jessica Smith for comments made on drafts of this Article. Mr. Lettow is a partner at Cleary, Gottlieb, Steen & Hamilton. Ms. Smith is an associate at Covington & Burling in Washington, D.C.

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The Right to Trial by Jury in CERCLA Cost-Recovery and Contribution Actions

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