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Settlements and CERCLA Contribution Claims–A Lesson in Careful Drafting
The federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), better known as Superfund, provides private parties with two types of claims to recover costs associated with investigating and remediating contaminated sites—a cost recovery claim under CERCLA Section 107(a), 42 U.S.C. Section 9607(a), and a contribution claim under Section 113(f), 42 U.S.C. Section 9613(f). A party can have either a CERCLA Section 107 cost recovery claim, or a Section 113 contribution claim, but not both, as each section of CERCLA provides mutually exclusive remedies.
Am. Empire Surplus Lines Ins. Co. v. Colony Ins. Co.
Click Here for FC&S Legal Expert Analysis Am. Empire Surplus Lines Ins. Co. v. Colony Ins. Co.United States District Court for the Southern District…Unpublished Opinions for the Week of October 2, 2017
01-2-4298 Kopecky v. Dept. of Cmty. Affairs, N.J. Super. App. Div. (per curiam) (5 pp.) Petitioner appealed from respondent's final decision, following…Pennsylvania Instant Case Service Download Page
Use this page to download the cases discussed in The Legal Intelligencer.Unpublished Opinions for the Week of September 4, 2017
07-4-4126 Hermanns v. Hermanns, N.J. Chancery Div. (Contillo, P.J. Ch.) (23 pp.) Plaintiff sought to amend his complaint to add claims in his action…
An Analysis of 'O'Brien v. Port Authority'
In their Trial Practice column, Robert Kelner and Gail Kelner discuss 'O'Brien v. Port Authority,' where a divided Court of Appeals stepped into a battle of the experts in a construction site accident case. They conclude this to be a case narrowly limited to its facts and “not a game changer in any way.”Unpublished Opinions for the Week of July 17, 2017
46-2-3725 Pace v. Twp. of Nutley, N.J. Super. App. Div. (per curiam) (17 pp.) Plaintiffs, husband and wife, appealed the dismissal of their complaint…Unpublished Opinions for the Week of June 26, 2017
07-2-3508 O'Malley v. Neary, N.J. Super. App. Div. (per curiam) (12 pp.) Appellants were retained by respondent to represent him in a federal criminal…Matter of Acevedo v. N.Y. State Dept. of Motor Vehs.
Click Here for FC&S Legal Expert Analysis Matter of Acevedov.New York State Dept. of Motor Vehs.Court of Appeals of New YorkMay 9, 2017,…TRENDING STORIES
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