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Judge cites Axlor Consulting expert in basis for order stating a plaintiff could not recovery from a defendant under a contribution claim.

In a contribution action brought by Asarco against Union Pacific, the Court determined Asarco did not pay more than its proportional share of liability, and that it did not have a right to recover under its contribution claim. At trial, Axlor Principal Gayle Schlea Koch, working on behalf of the defendant, testified that Asarco did not overpay in its prior Coeur d’Alene Basin bankruptcy settlement, as it paid less than its 22% allocated share for OU3 (Operable Unit 3, which extends from the Idaho-Montana border into the State of Washington at Lake Coeur d’Alene) response costs at the site. Judge Lodge agreed with Ms. Koch’s testimony that Asarco’s claimed overpayment should not include interest for late payment or incomes made by the subsequent site Trust investments. In reviewing future cost estimates for the site, Ms. Koch’s testimony was frequently cited as “more credible” as compared to opposing testimony the Court described as “arbitrary” and “unconvincing, an improper analysis, and contrary to the other materials in the record.” For additional information, the Findings of Fact and Conclusions of Law that led to Court Order may be found here here.