Hinds Investments, L.P. v. Team Enterprises, Inc.

MEMORANDUM

Team Enterprises, LLC (“Team”) appeals the dismissal, pursuant to Federal Rule of Civil Procedure 12(b)(6), of its third-party contribution claims against Cooper Industries, LLC (“Cooper”) and asserts that the district court erred in denying it the opportunity to amend its complaint. Because the facts are known to the parties, we repeat them only as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Team seeks to hold Cooper liable as an “arrange[r]” under the Comprehensive Environmental Response, Compensation, and Liability Act. See 42 U.S.C. § 9607 (a)(3). The district court properly found that Team’s allegations, taken as true, are too far removed to attempt to impose arranger liability on Cooper. See Ashcroft v. Iqbal, 556 U.S. 662 , 129 S.Ct. 1937, 1949 , 173 L.Ed.2d 868 (2009) (“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” (quoting Bell Atl. Carp. v. Twombly, 550 U.S. 544, 570 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007))). Team failed to allege facts showing that Cooper entered into a dry cleaning…