· 9/14/1995
Gould Inc. v. a & M Battery and Tire Service
Citations
- 901 F. Supp. 906
- 26 Envtl. L. Rep. (Envtl. Law Inst.) 20516
- 1995 U.S. Dist. LEXIS 18975
- 1995 WL 613423
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that once liability of a defendant has been established under Section 107(a
- rejecting plaintiffs attempt to shift orphaned shares to defendants because “each party is only responsible for [its] proportionate share of the harm caused at the [site]”
- “it appears evident that when a party, who agrees to cleanup a site pursuant to a settlement agreement, sues another liable party, it is a claim for contribution and it must be distinguished from cases in which a plaintiff incurred expenses on its own initiative”
- “it appears evident that when a par ty, who agrees to cleanup a site pursuant to a settlement agreement, sues another liable party, it is a claim for contribution and it must be distinguished from cases in which a plaintiff incurred expenses at its own initiative”
- discussing Third Circuit CERCLA precedent regarding cost recovery
- defendants not liable for any orphan shares
Source: CourtListener parenthetical corpus (CC0).
Judges: Conaboy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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