City of Pomona v. Sqm North America Corporation

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 28 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CITY OF POMONA, No. 22-55219

Plaintiff-Appellee, D.C. No. 2:11-cv-00167-RGK-JEM v.

SQM NORTH AMERICA MEMORANDUM*

CORPORATION,

Defendant-Appellant.

Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding

Argued and Submitted March 14, 2023 Pasadena, California

Before: BRESS and MENDOZA, Circuit Judges, and ERICKSEN,** District Judge.

After the third trial in this case, the jury found SQM North America

Corporation (SQMNA) liable for importing, distributing, or selling defectively

designed sodium nitrate fertilizer that contaminated the City of Pomona’s

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, sitting by designation. (Pomona) water supply with perchlorate. The jury…