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213046P.pdf 09/01/2022 Doe Run Resources Corporation v. St. Paul Fire & Marine Ins Co
U.S. Court of Appeals Case No: 21-3046
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Shepherd, Author, with Erickson and Stras, Circuit Judges]
Civil case - Insurance. In a suit seeking coverage for claims arising from
pollution at plaintiff's metal plant in Peru, the district court did not
err in dismissing the suit on the basis of issue preclusion; a prior state
court decision had determined that a pollution exclusion in the policy
precluded coverage, and plaintiff's allegation that additional, newly
discovered facts implicated an exception to the exclusion did not create a
new, distinct issue when all events giving rise to the claims occurred
before the filing of the first state court lawsuit; plaintiff failed to
overcome the presumption that it had a full and fair opportunity to be
heard in the original action. Judge Stras, concurring in the judgment.