LYONDELL CHEMICAL CO. v. Occidental Chemical Corp.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Both sides to this appeal concede liability for environmental cleanup at a hazardous waste dump near the Houston Ship Channel but fault the district court’s equitable allocation of the associated costs. More specifically, this appeal concerns the reliability of expert witness testimony under Daubert, the admission of alleged settlement communications into evidence, the district court’s choice of methodologies in allocating costs, and some of the court’s factual findings. We find error in the admission of settlement communications only and remand to the…