COOPER INDUSTRIES, LLC v. CITY OF SOUTH BEND

No. 49S04-0711-CV-541.

899 N.E.2d 1274 (2009)

COOPER INDUSTRIES, LLC, et al., Appellant (Plaintiff below), v. THE CITY OF SOUTH BEND, Indiana, et al., Appellees (Defendants below).

Supreme Court of Indiana.

January 22, 2009.


Attorney(s) appearing for the Case

Mark E. Shere, Vicki Wright, Libby Mote, Krieg Devault, LLP, Indianapolis, IN, Dale E. Stephenson, Allen A. Kacenjar, Squire, Sanders & Dempsey L.L.P., Cleveland, OH, Mary Rose Alexander, Thomas Heiden, Latham & Watkins, LLP, Chicago, IL, Attorneys for Appellant.

Knight Anderson, Indianapolis, IN, Attorney for Hartford Accident and Indemnity Company.

Mary Reeder, Elizabeth Green, Indianapolis, IN, Attorneys for Continental Insurance Company.

David Temple, Indianapolis, IN, Attorney for Lexington Insurance Company.

Donald Snemis, Brent Huber, Freedom Smith, Indianapolis, IN, Attorneys for Indiana Association of Cities and Towns.

George M. Plews, Jeffrey D. Featherstun, Tina M. Richards, Plews Shadley Racher & Braun, Michael Keele, Indianapolis, Cheryl A. Greene, South Bend, IN, Attorneys for Appellee.

Stephen Peters, Indianapolis, IN, Attorney for Zurich American Insurance Company.

Bruce Kamplain, Indianapolis, IN, Attorney for Certain Underwriters at Lloyd's of London.

Peter Rusthoven, Indianapolis, IN, Attorney for Commercial Logistics Corporation.

Geoffrey Slaughter, Indianapolis, IN, Attorney for ACF Industries, LLC.

Bryan Babb, Matthew Klein, Indianapolis, IN, Attorneys for Indiana Legal Foundation.


On Petition to Transfer from the Indiana Court of Appeals, No. 49A04-0511-CV-637

SHEPARD, Chief Justice.

The City of South Bend now owns much of the land where Studebaker Corp. once manufactured automobiles. It has sued Cooper Industries, LLC and others for environmental damage done to the site. In this appeal, the questions are whether the applicable statute of limitation bars these claims and whether appellant Cooper Industries is the corporate successor...

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