Fina, Inc. v. Arco

WIENER, Circuit Judge:

In this case arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601 et seq., Plaintiff-Appellant Fina, Inc. (“Fina”) appeals the district court’s grant of summary judgment in favor of Defendants-Appellees BP Oil Company (“BP”) and Atlantic Richfield Company (“ARCO”). Fina contends that the district court improperly applied Delaware law in holding that cross-indemnities running between the parties bar Fina’s CERCLA claims against BP and ARCO. We hold that the indemnities are unenforceable with respect to the…