Moustakis v. Department of Justice

How courts have described this case

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

• finding that buyer contracting to “assume and become liable for...any and all liabilities” effectively assumed CERCLA liability
• explaining that “general, boilerplate language” prohibiting third- party actions “must yield to the specific direction” of separate contractual provisions granting third parties enforceable rights in assumed liabilities
• explaining that “general, boilerplate language” prohibiting third-party actions “must yield to the 16 specific direction” of separate contractual provisions granting third parties enforceable rights in assumed liabilities
• providing that “general, boilerplate language” excluding third-party beneficiary recovery without specific reference to a contractual provision is insufficient to preclude third-party actions where there is an express assumption of liabilities
• “Under [Section 107(e) of CERCLA .. ., [a PRP] may not divest itself of liability for its pollution activity.” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).