ELR Citation: ELR 20483
No(s). 94-2026 (7th Cir. Jan 10, 1995)

The court holds that attorney fees are not recoverable as response costs under the Comprehensive Environmental Response, Compensation, and Liability Act, despite having previously decided in this case that attorney fees are recoverable, and holds also that collateral estoppel does not prevent it from revisiting the issue of attorney fees. The court first holds that its previous order in this case awarding attorney fees was not a final judgment, such that collateral estoppel would not apply to bar the court from hearing the appeal. In its prior decision, the court acted to reverse in part and remand for further proceedings. This left either the lawsuit as a whole still pending or the order awarding attorney fees. Although the district court entered final judgment on remand, the finality necessary to apply collateral estoppel was lacking because the litigant had not exhausted its appellate remedies. A final judgment by a district court has preclusive effect on other suits or specific issues in other suits, but not on the ability to press an appeal.

[Prior decisions in this action are published at 22 ELR 20690 and 23 ELR 21363.]

Counsel for Plaintiffs
Robert J. Palmer
May, Oberfell & Lorber
300 N. Michigan St., South Bend IN 46601
(219) 232-2031

Counsel for Defendant
John Gleeson
Howard & Howard
The Pinehurst Office Ctr., Ste. 250, Bloomfield Hills MI 48304
(810) 645-1483

Before Flaum and Kanne, JJ.