THOMAS & BETTS CORP. v. NEW ALBERTSON'S, INC.

Nos. 16-1133 16-1134 16-1189 16-1204 Nos. 17-1360 17-1361.

915 F.3d 36 (2019)

THOMAS & BETTS CORPORATION, Plaintiff/Third-Party Plaintiff, Appellant/Cross-Appellee, v. NEW ALBERTSON'S, INC., Defendant/Third-Party Plaintiff, Appellee/Cross-Appellee, Alfa Laval Inc.; Boston Renaissance Charter Public School; Boston Renaissance Charter School, Inc.; Siemens Industry, Inc.; Allis-Chalmers Energy, Inc.; Dampney Company, Inc., Third-Party Defendants, Appellees/Cross-Appellants/Cross-Appellees, Jeanette Yukon, as General Partner of Yukon/Hyde Park Avenue Limited Partnership; Jewel Food Stores, Inc.; Star Markets Company; Hyde Park Manager, Inc., as Administrative Trustee for W/S Cardinal Hyde Park-MA Trust; Dampney Company, Inc., Third-Party Defendants, Appellees/Cross-Appellees. Thomas & Betts Corporation, Plaintiff/Third-Party Plaintiff, Appellant/Cross-Appellee, v. New Albertson's, Inc., Defendant/Third-Party Plaintiff, Appellee/Cross-Appellant, Alfa Laval Inc.; Boston Renaissance Charter Public School; Boston Renaissance Charter School, Inc.; Siemens Industry Inc.; Allis-Chalmers Energy, Inc.; Dampney Company, Inc., Third-Party Defendants, Appellees.

United States Court of Appeals, First Circuit.

February 6, 2019.


Attorney(s) appearing for the Case

Howard Merten , with whom Paul M. Kessimian , Robert K. Taylor , and Partridge, Snow, & Hahn LLP were on brief for appellant/cross-appellee.

C. Dylan Sanders , with whom Lisa C. Goodheart and Sugarman, Rogers, Barshak, and Cohen, P.C. were on brief for New Albertson's, Inc.; Jewel Food Stores, Inc.; Star Markets Company, Inc.; and Hyde Park Manager, Inc.

Jonathon C. Burwood , with whom Hinshaw and Culbertson LLP were on brief for Alfa Laval, Inc.

John T. Harding , with whom Lewis, Brisbois, Bisgaard, & Smith LLP were on brief for appellee/cross-appellant Boston Renaissance Charter School, Inc. and Boston Renaissance Charter Public School.

Eric L. Klein , with whom Marc J. Goldstein , Brook Detterman , and Beveridge & Diamond, P.C. were on brief for Siemens Industry, Inc. and Allis-Chalmers Energy, Inc.

A. Neil Hartzell , with whom LeClair Ryan, A Professional Corporation were on brief for Jeanette Yukon.

Carolyn M. Miller , with whom Matthew C. Welnicki and Melick & Porter, P.C. were on brief for Dampney Company, Inc.

Before Howard, Chief Judge, Selya and Barron, Circuit Judges.


In 2007, at the direction of the Massachusetts Department of the Environment ("MassDEP"), an extensive cleanup of Mother Brook, a canal in Boston, Massachusetts, began following its contamination by polychlorinated biphenyls ("PCBs"). The cleanup ultimately resulted in a 2010 lawsuit in which two parties — Thomas &...

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