Commerce Holding Co., Inc. v. Buckstone

How courts have described this case

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

• dismissing state law claims including claims of nuisance, strict liability for an abnormally dangerous activity and negligence finding that the state claims “substantially predominate the CERCLA claim”
• “In light of the liberal pleading requirements of [Rule 8], for pleading purposes, [the plaintiff] ‘need only aver the words consistent with the NCP.’” (internal quotation marks omitted
• “While a private party, to recover its response costs, bears the burden of pleading and proving that the costs incurred are consistent with the NCP, the question of consistency with the NCP cannot be determined on the complaint alone but requires the development of a factual record.”

Source: CourtListener parenthetical corpus (CC0).