Was Congress legally sophisticated enough to distinguish between “statutes of limitations” and “statutes of repose” when it amended the “Superfund” legislation (known as CERCLA) in 1986?  At the oral argument in CTS Corp. v. Waldburger, some Justices confessed that the crucial distinction that CTS ascribes to Congress was complete news to them.   The case turns … Continue reading Argument analysis: Was Congress more “legally sophisticated” than the Justices when it overrode state limitations on lawsuits for toxic exposure?