· 9/22/2009
Bonnieview Homeowners Ass'n v. Woodmont Builders, L.L.C.
Citations
- 655 F. Supp. 2d 473
- 70 ERC (BNA) 1817
- 2009 U.S. Dist. LEXIS 86737
- 2009 WL 2999355
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that under CERCLA \a 'disposal' may occur when a party disperses contaminated soil during the course of grading and filling a construction site\ (quoting Redwing Carriers, Inc. v. Saraland Apartments , 94 F.3d 1489 , 1510 (11th Cir. 1996) )
- “[T]he covenant cannot override an express term in the contract.”
- “[P]arty claiming a breach of the covenant must provide evidence sufficient to support a conclusion that the party alleged to have acted in bad faith has engaged in some conduct that denied the benefit of the bargain originally intended by the parties.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Debevoise
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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