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Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.

ELR Citation: 46 ELR 20084
Nos. 1:10-CV-044, (N.D. Ind., 04/21/2016) (DeGuilio, J.)

A district court denied a manufacturing company's motion to certify for interlocutory appeal certain questions pertaining to its statute of limitations and claim preclusion defenses in an underlying case over who should bear the cost of cleaning up contamination at a steel processing site. The current owner of the site sought reimbursement from the company, a prior owner, under CERCLA. The company filed motions for summary judgment, arguing that the current owner's claims were barred on statute of limitations and claim preclusion grounds. Those motions were denied, and the company filed the instant motion for interlocutory appeal. Although the issues the company seeks to certify for appeal are controlling and arguably contestable, the questions raised by the statute-of-limitations issue are not questions of law suitable for an interlocutory appeal. Further, the company's request for interlocutory appeal is not timely and would not expedite this litigation. The court, therefore, denied the motion.