Asarco, LLC v. Atlantic Richfield Co., 2016 MT 90 (April 12, 216) (Baker, J.) (5-0, aff’d)
Issue: Whether the district court correctly held that claim preclusion bars Asarco’s claims.
Short Answer: Yes.
Facts: Atlantic Richfield (AR) sold a zinc fuming plant and related property in East Helena to Asarco in 1972. In the sales agreement, AR agreed to indemnify Asarco for liabilities arising out of AR’s operations at the site, and to deliver all relevant documents to Asarco. It also represented and warranted that it had delivered all information required by the disclosure clause.
In 1984, the property and surrounding area were designated a Superfund site under CERCLA. The EPA identified both AR and Asarco as potentially responsible parties, ultimately determining that Asarco was obligated to pay for the cleanup.…