Skip to main content
· 6/13/1997

Federal Case

Citations

  • 115 F.3d 1111
  • 27 Envtl. L. Rep. (Envtl. Law Inst.) 21075
  • 44 ERC (BNA) 1865
  • 1997 U.S. App. LEXIS 13903
  • 30 Bankr. Ct. Dec. (CRR) 1244

How courts have described this case

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

  • holding that in Section 113 claims, it is not necessary that all parties be joined as defendants
  • holding that contribution traditionally requires common liability for. the same injury and the same holds true for Section 113(f)
  • holding claim based on Comprehensive Environmental Response, Compensation, and Liability Act (\CERLCA\), which was enacted after the discharge date, was not barred
  • “it is inherent in the concept of contribution that the persons commonly liable be liable to the same entity. Otherwise, contribution could become an endless circle of attempts to seek reimbursement from unrelated parties.”
  • “In permitting a party to seek contribution from ‘any other person who is liable or potentially liable’ under § 107(a), it is inherent in the concept of contribution that the persons commonly liable be liable to the same entity.” (quoting 42 U.S.C. § 9613(f))
  • reporting approvingly prior district court proceedings

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.