Seventh Circuit -- Norman Bernstein v. Patricia Banker

Environmental statute (CERCLA) limits claimants to a contribution claim when both a contribution claim and a recovery claim are possible.

The claim accrues not on the execution of the settlement agreement, but upon the performance of the consideration required by the agreement.

No abuse of discretion in not striking argument in summary reply brief, as it had been raised earlier.

Where they contradict, SOL derives from the type of claim, not the provisions of the statute.

Given a series of cleanup orders, the claim accrues separately with each order.

Conditional cross-appeal will lie despite finding in the party's favor at trial, as the conditional cross-appeal sought dismissal with prejudice.

Despite overlapping facts, the issues are too different for issue & claim preclusion.

Norman Bernstein v. Patricia Banker