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Auto-Ion Litig. Group v. Auto-Ion Chems.

ELR Citation: 26 ELR 20956
Nos. No. 4:92-CV-133, 910 F. Supp. 328/(W.D. Mich., 04/15/1994)

The court holds that the state of Michigan has Eleventh Amendment immunity from a Michigan city's third-party claims seeking contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and common-law indemnification for the city's cleanup costs at a site the state owned involuntarily due to tax delinquency. As to the CERCLA claim, the court determines that although the state was involved with the site's cleanup, its participation at the site involved regulating and managing the cleanup and was only remedial. Regarding the common-law indemnification claim, the city submitted no unequivocal evidence to indicate that Michigan waived its immunity from common-law claims.

Counsel for Plaintiffs
John R. LaParl Jr.
Smith, LaParl & Mequio
550 W. Centre Ave., Portage MI 49002
(616) 323-0200

Counsel for Defendants
Jan D. Feldman
Phelan, Cahill & Quinlan
311 S. Wacker Dr., Ste. 4200, Chicago IL 60606
(312) 362-0200