District Court of Michigan Finds Paper Companies Still Liable for Future Contribution Costs Despite Statute of Limitations Defense for Past Costs

In the 2022 case Georgia-Pacific et. al. v. NCR Corp. et al., the Sixth Circuit excused certain paper company defendants from liability for past cleanup costs at the Kalamazoo River Superfund site based upon a finding that the statute of limitations on contributions claims had expired.

Recently, upon remand, the District Court of Michigan maintained its prior declaratory judgment, finding that the paper companies must contribute funds for future cleanup costs which are estimated to cost between $650 million and $850 million. The court also held that, because its past equitable allocation was bound up in its prior analysis of statute of limitations issues, the allocation percentages between the parties are no longer valid.

See the full opinion here.