Contribution Action Preempts Unjust Enrichment Claim under Missouri Common Law

A federal district court in Missouri has ruled that a common law claim for unjust enrichments cannot proceed simultaneously with a superfund contribution claim under Section 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).  In so ruling, the Eighth Circuit has joined the Second and Third Circuits in finding such claims preempted.  The court reasoned that state law claims that sought to circumvent the statutory recovery system established by CERCLA could not proceed simultaneously with an inconsistent scheme established state common law.

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