Agere Systems, Inc. v. Advanced Environmental Technology Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the parties could pursue incurred costs under § 107(a) but not § 113(f) “because those parties were never themselves sued for those amounts”
• allowing plaintiffs to proceed under § 107(a) since neither trigger for a § 113(f) contribution claim had been satisfied
• summarizing the cost recovery mechanisms provided under CERCLA, including § 107(a)
• statement signed by Defendant X but not Defendant Y admissible as against X but not Y
• “Indeed, the cost recovery and contribution provisions in HSCA are virtually identical to those in CERCLA.”
• “The plaintiffs concederás they must, that it was their burden to prove each party’s ‘fair share’ or ‘size of' the pié.’”

Source: CourtListener parenthetical corpus (CC0).