Cappetto v. United States

How courts have described this case

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

• noting that the “Gore factors are neither an exhaustive or exclusive list” of the factors to be considered
• affirming district court’s allocation to appellant transport company the entire cost of cleaning up hazardous spill resulting from highway accident; discussing Gore factors but concluding that the relative fault of the parties was the decisive factor for allocating costs in that case
• “courts should equitably allocate costs of cleanup according to the relative culpability of the parties rather than an automatic equal shares rule”
• a court has “power to weigh and consider relevant factors, including [relative] fault” of the parties
• “[C]ourts should equitably allocate costs of cleanup according to the relative culpability of the parties rather than an automatic equal shares rule.”
• “However, we support the district court’s statement to the extent that it construes section 9613(f) as not requiring courts to adopt pro rata assessments of contribution once a party, is determined to be liable under CERCLA.”

Source: CourtListener parenthetical corpus (CC0).