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Nutrasweet Co. v. X-L Eng'g Corp.

ELR Citation: 31 ELR 20124
Nos. No. 99-3863, 227 F.3d 776/51 ERC 1161/(7th Cir., 09/08/2000) aff'd

The court upholds a district court decision finding the neighbor of a food manufacturing facility 100% liable under the Comprehensive Environmental Response, Compensation, and Liability Act for contaminating the facility's property. The court first holds that no genuine issue existed as to whether the neighbor caused at least some of the hazardous waste on the facility's property, and, therefore, the district court properly granted partial summary judgment to the facility on the issue of liability. The court next holds that because the neighbor did not file a supplemental expert witness report, the district court did not err in excluding the neighbor's expert witness from testifying about site work at the factory and in limiting the expert's testimony to his initial expert witness report. Moreover, the techniques and methods on which the facility's expert based his opinion were sufficiently reliable. The court further holds that after trial the district court did not err in finding the neighbor 100% responsible for the wastes on the facility's property and that the facility complied with the national contingency plan in remediating its property. The court finally holds that because the neighbor did not contest the facility's cleanup costs at the summary judgment stage, the neighbor waived the issue and the consequent issue of the amount of damages.

Counsel for Plaintiffs
Andrew R. Running
Kirkland & Ellis
200 E. Randolph Dr., Chicago IL 60601
(312) 861-2000

Counsel for Defendants
Edmund B. Moran Jr.
Law Offices of Edmund B. Moran Jr.
53 W. Jackson Blvd., Chicago IL 60604
(312) 408-1544

Before Wood and Evans, JJ.