A federal Court of Appeals recently held that a landowner who expressly warranted in his sales contract that his property was not contaminated and breached the warranty through no fault of his own, was not entitled under Illinois law to common law indemnification against the polluter who contaminated the land. Wilder Corporation of Delaware v. Thompson Drainage and Levee District, Case No. 11-1185, (7th Cir. decided September 27, 2011).
To read the facts of the case, I invite you to read my recent blog post on Commonground.com