Gp Vincent II v. the Estate of Edgar Beard

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GP VINCENT II, a Delaware limited No. 21-16555 liability company, D.C. No. Plaintiff-Appellant, 3:20-cv-00745- VC v.

THE ESTATE OF EDGAR BEARD, OPINION

DECEASED, an individual; THE

ESTATE OF NORMA BEARD,

DECEASED, an individual; ETCH- TEK, INC., a dissolved California corporation,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Vince Chhabria, District Judge, Presiding

Argued and Submitted October 20, 2022 San Francisco, California

Filed May 17, 2023

Before: Michael Daly Hawkins, Carlos T. Bea, and Jacqueline H. Nguyen, Circuit Judges. Opinion by Judge Hawkins; Concurrence by Judge Bea

SUMMARY *

Environmental Law

The panel reversed the district court’s dismissal, as barred by claim preclusion, of claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), and remanded for further proceedings. GP Vincent II, the current owner of environmentally contaminated real property, brought CERCLA cost recovery claims against the Estates of Norma…