ELR Citation: ELR 21376
No(s). 92 Civ. 8771 (CLB) (S.D.N.Y. Mar 20, 1995)

The court holds that both the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Seventh Amendment to the U.S. Constitution provide a defendant in a CERCLA §107 cost recovery action the right to a jury trial. The court first holds that Congress intended there to ...