Administrative : Contamination-Related Illness – Judicial Estoppel – Punitive Damages

Where the family of a child who developed a liver disease allegedly caused by a corporation’s release of a hazardous substance sued defendant corporation as a successor after defendant acquired the polluting facility, the district court erred in finding that the defendant was judicially estopped to deny successor liability, and a remand for a partial new trial on punitive damages liability is ordered.

Suspect grounds

Dissenting opinion by Shepherd, J.: “Vacating a jury’s decision is not to be done lightly on appellate review. Because the majority dismisses a defendant and vacates the jury’s punitive damages verdict on procedurally and substantively suspect grounds, I respectfully dissent from Sections I, II.A, and III of the majority opinion.”

Judgment is reversed and remanded.

Kirk v. Schaeffler Group USA, Inc. (MLW No. 71556/Case No. 16-3417 – 28 pages) (U.S. Court of Appeals, 8^th Circuit, Loken, J.) Appealed from U.S. District Court, Western District of Missouri, Kays, J. (Richard Salgado, Dallas, argued for appellant; Adam Pierson, Gregory Thomas Wolf, Wade P.K. Carr and Gary M. Roberts appeared on the brief) (Kenneth Blair McClain, Independence, argued for appellee; Jonathan M Soper appeared on the brief).

Read the full text of this opinion. (PDF)