Mailman's Steam Carpet Cleaning Corp. v. Lizotte

How courts have described this case

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

• enactment of Chapter 21E, § 4A permits parties to obtain contribution prior to beginning response actions
• common-law liability is not dependent on either actual or potential liability under c. 21E
• \Recovery of duplicative damages under multiple counts of a complaint is not allowed\
• person liable for cleanup under § 5 can sue other hable parties under § 4 for reimbursement of cleanup costs already paid, but cannot sue under § 5 [a] [5] [iii] to recover costs not yet incurred
• party which caused contamination is “equitably responsible” for entire statutory damages
• where land purchaser sued seller under c. 21E for cleanup costs and seller cross-claimed against prior owner, costs would not be equitably divided among three parties, because jury found prior owner to be sole party equitably responsible for costs incurred

Source: CourtListener parenthetical corpus (CC0).