ELR Citation: ELR 20236
No(s). 85-1372 (E.D. Pa. Jun 12, 1992)

The court holds that contribution actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 are legal in nature and thus create a Seventh Amendment right to jury trial. A right to jury trial exists in a statutorily created action only where the action is legal in nature. The court holds that as opposed to equitable actions seeking remedies in restitution, actions for contribution are legal because they arise out of a tort, and are the legal right of the party who paid more than its share. In addition, the court holds that a right to jury trial in third-party and fourth-party contribution actions may exist even where the right does not exist in the principal action.

Counsel for Plaintiff

Katherine Votaw, Ass't U.S. Attorney
U.S. Attorney's Office
615 Chestnut St., Ste. 1250, Philadelphia PA 19106
(215) 451-5303

Counsel for Defendant
Edward E. Kopko
111 E. Norwegian St., Pottsville PA 17901
(717) 621-3300

Huyett, J.