ELR Citation: ELR 20169
No(s). 04-3936 (3d Cir. Aug 18, 2006)

The court holds that it lacks jurisdiction to hear a company's appeal of a lower court decision dismissing its contribution claim against a corporation for mercury contamination surrounding Berry's Creek in Bergen County, New Jersey. In 1983, a state court found the company and several other entities jointly and severally liable for the contamination. The company then sought contribution in federal court from several companies, including the parent corporation of a former manufacturer that operated near the creek. In 1999, the federal court dismissed the action against the parent corporation for want of personal jurisdiction. The company now appeals that dismissal. The 1999 dismissal order, however, was not final when entered because other defendants then remained in the case. In addition, a 2001 order dismissing all of the then remaining defendants does not render the 1999 dismissal order final because the 2001 order was issued without prejudice. The court, therefore, lacks jurisdiction to hear the company's appeal.

[A prior decision in this litigation is published at 33 ELR 20270.]