•  
  •  
 

Article Title

CTS Corp. v. Waldburger

Case Summary Citation

CTS Corp. v. Waldburger, ___ U.S. ___, 134 S. Ct. 2175 (2014).

Abstract

The Supreme Court determined that a North Carolina statute of repose barred plaintiffs from bringing suit against CTS Corporation for contamination that occurred on land CTS owned 24 years earlier. The Court found that CERCLA preempts state statutes of limitations in order to allow plaintiffs’ claims to accrue when the injury is caused by contamination that has a long latency period. However, the Court also decided that CERLCA does not preempt state statutes of repose because Congress did not specifically preempt them as they did with statutes of limitations, thus; enforcing statutes of repose was not found to frustrate the purpose of CERCLA. Although plaintiffs did not discover the contamination until 22 years after it occurred, they nonetheless failed to bring their claim within the 10 years required by the North Carolina statute and were barred from bringing suit.

Recommended Citation

CTS Corp. v. Waldburger, ___ U.S. ___, 134 S. Ct. 2175 (2014).

Share

COinS
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.