Worthington Steel v. Agere Systems


Oral Argument
03/12/14 – 03/12/14

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This case arises out of a dispute in the interpretation an application of the June 21, 2008, Settlement Agreement, which resolved Worthington Steel Company’s liability to plaintiffs in an underlying Comprehensive Environmental Response, Compensation, and Liability Act 42 U.S.C. Secs. 9607, 9613 (“CERCLA”) action for contribution, captioned Agere Systems, Inc., et al. v. Advanced Environmental Technology Corporation, et al., Civil Action No. 02-CV-3830, in the U.S. District Court for the Eastern District of Pennsylvania. Plaintiffs brought the CERCLA Litigation seeking to recover their costs incurred or to be incurred in response to environmental contamination at the Boarhead
Farms Superfund Site located in Pennsylvania. This case is an appeal from a September 13, 2013, Memorandum Opinion issued by the Superior Court of the State of Delaware in and for Ne Castle County, Complex Commercial Litigation Division, following a two-day bench trial held on February 21, 2013, and March 14, 2013. The Opinion granted judgment in favor of Agere and other plaintiffs and against Worthington. Worthington appealed the decision of the Trial Court on October 7, 2013.


The judgment of the Superior Court was affirmed.


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