Volunteers of America of Western New York v. Heinrich

How courts have described this case

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

• allowing plaintiff to pursue common-law causes of action to the extent that plaintiff sought damages that were different than the damages available under CERCLA
• denying motion to dismiss “on the basis of CERCLA preemption” where the plaintiff “alleged conduct which may fall under CERCLA’s ‘petroleum exclusion’ (such as releases of unadulterated gasoline)”
• denying defendant’s motion to dismiss state law claims, the court held that “CERCLA does not completely preempt plaintiffs state law claims to the extent those claims seek damages which are not available under CERCLA.”
• denying motion to dismiss claim under RCRA § 7002(a)(1)(B) against two defendants
• “CERCLA does not prevent a plaintiff from recovering damages under state law that are not duplicative of the damages it recovers under CERCLA.”

Source: CourtListener parenthetical corpus (CC0).