Berger v. City of North Miami, Fla.

MEMORANDUM OPINION

ELLIS, District Judge.

I

In its present posture, this case presents the question of whether time-barred state-law contract claims may be asserted as “recoupment” claims in response to a party’s contribution claim for cleanup costs under Section 113(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9613(f). Before the Court is the Rule 12(b)(6) motion of defendant City of North Miami (“North Miami”) to dismiss recoupment claims raised by plaintiff Berger, as personal representative for the estate of Frank Kaufman (“the…