Jump to Navigation
Jump to Content

Von Duprin LLC. v. Moran Elec. Serv. Inc.

ELR Citation: 47 ELR 20066
Nos. 1:16-cv-01942, (S.D. Ind. , 05/08/2017) (Pratt, J.)

A district court found that an Indiana Superfund law allows for contribution claims even though the law does not directly reference them. In 2013, a hardware manufacturing company was found liable by the Indiana Department of Environmental Management (IDEM) for releases of hazardous substances on an Indianapolis property that was owned and operated by a predecessor from 1965 to 1986. While it was performing remediation, IDEM found that another company contributed to the releases on the property, and the manufacturing company filed suit for contribution. The second company filed a motion to dismiss, claiming that the Indiana Environmental Legal Action (ELA) statute does not provide for a contribution claim. The court disagreed, holding that if ELA did not provide for contribution then its equitable allocation provision would be meaningless. The motion was denied.