JOHNSON CONTROLS, INC., Plaintiff-Appellant-Petitioner,
v.
EMPLOYERS INSURANCE OF WAUSAU, a mutual company (f/n/a Employers Mutual Liability Insurance Company of Wisconsin), Affiliated FM Insurance Company, AIU Insurance Company, Allstate Insurance Company (as successor to Northbrook Excess and Surplus Insurance Company), American Employers' Insurance Company, American Home Assurance Company, American Motorists Insurance Company, Central National Insurance Company of Omaha, Employers Mutual Casualty Company, Employers Reinsurance Corporation, Federal Insurance Company, First State Insurance Company, Granite State Insurance Company, Highlands Insurance Company, Landmark Insurance Company, London Market (certain underwriters at Lloyd's London and London Market Insurance Companies), National Union Fire Insurance Company of Pittsburgh, PA, Northbrook Excess and Surplus Insurance Company (as predecessor to Allstate Insurance Company), Puritan Insurance Company (f/n/a Manhattan Fire and Marine Insurance Company), Stonewall Insurance Company, Transamerica Premier Insurance Company, Travelers Indemnity Company, United National Insurance Company, Zurich Insurance Company, International Insurance Company, and Westchester Fire Insurance Company, Defendants-Respondents,
ALLIANZ UNDERWRITERS INSURANCE COMPANY, American Centennial Insurance Company, American Insurance Company, Associated International Insurance Company, California Union Insurance Company, Continental Insurance Company, Fireman's Fund Insurance Company, Harbor Insurance Company, North Star Reinsurance Corporation, and Republic Insurance Company, Defendants.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument October 8, 2002.
Decided July 11, 2003.
Attorney(s) appearing for the Case
For plaintiff-appellant-petitioner there were briefs by Matthew J. Flynn, Jeffrey O. Davis, Rachel A. Schneider, Keith A. Bruett, and Quarles & Brady LLP, Milwaukee, and John P. Kennedy, General Counsel, Johnson Controls, Inc., Milwaukee, and oral argument by Matthew J. Flynn.
For defendant-respondent, Travelers Indemnity Company, there was a brief by Barry R. Ostrager, David W. Woll, Jonathan K. Youngwood, and Simpson Thacher & Bartlett, New York, New York and Janice A. Rhodes and Kravit, Gass, Hovel & Leitner, S.C., Milwaukee, and oral argument by David W. Woll.
For defendant-respondent, Employers Insurance of Wausau, there was a brief by Keith A. Dotseth, Scott J. Ryskoski, Patrick J. Boley, and Larson King, LLP, St. Paul, Minnesota; and Timothy J. Muldowney, Todd G. Smith, and LaFollette Godfrey & Kahn, Madison, and Michael J. Cohen and Meissner Tierney Fisher & Nichols, S.C., Milwaukee, and oral argument by Scott J. Ryskoski.
For defendant-respondent, Transamerica Premier Insurance Company, there was a brief by George N. Kotsonis, Gregory A. Kotsonis and Law Offices of George Kotsonis, Milwaukee, and Edwin J. Hull III, David P. Cutler and Cutler & Hull, Chicago, Illinois.
An amicus curiae brief was filed by Eric J. Nystrom and Lindquist & Vennum, PLLP, Minneapolis, Minnesota; Eugene R. Anderson, William G. Passannante, Gail Eckstein and Anderson Kill & Olick, P.C., New York, New York; and Amy Bach, Mill Valley, California, on behalf of United Policyholders.
An amicus curiae brief was filed by Eric Englund, Madison, on behalf of the Wisconsin Insurance Alliance.
An amicus curiae brief was filed by Heidi L. Vogt and Cook & Franke, S.C., Milwaukee, and Laura A. Foggan, John C. Yang, Thomas S. Garrett and Wiley Rein & Fielding LLP, Washington, D.C., on behalf of the Complex Insurance Claims Litigation Association.
An amicus curiae brief was filed by William J. Mulligan, Michael A. Dodge, Amy B. Tutwiler and Davis & Kuelthau, S.C., Milwaukee, and John D. Shugrue, Daniel J. Struck and Zevnik Horton, Chicago, Illinois, on behalf of Kraft Foods North America, Inc., and Kohler Company.
An amicus curiae brief was filed by Robert H. Friebert, Shannon A. Allen and Friebert, Finerty & St. John, S.C., Milwaukee, and Mark J. Plumer, Stephen T. Raptis and Swidler Berlin Shereff Friedman, LLP, Washington, D.C., on behalf of the Wisconsin Utilities Association.
Supreme Court of Wisconsin.
¶ 1. DAVID T. PROSSER, J.
In 1980 Congress adopted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), popularly known as "Superfund," to promote the cleanup of hazardous waste. The Act empowered the federal government, through the Environmental Protection Agency (EPA), to identify hazardous waste sites and pursue remedial activities. As part of the remedial process, the government was...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
