Legal Opinion
United States v. Davis
District Court, D. Rhode Island
Decided June 22, 1992No. Civ. A. 90-0484 PPublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
PETTINE, Senior District Judge.
Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, the United States moved to strike certain defendants’ affirmative defenses from the pleadings as legally insufficient. The United States contended that section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9607, did not permit most of the asserted defenses. On April 17, 1992, Magistrate Judge (“Magistrate”) Boudewyns issued a Memorandum and Order Striking Affirmative Defenses. The Court has received objections to this…
2Cases cited17 opinions
- Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
- United States v. Monsanto Co.Court of Appeals for the Fourth Circuit · 1988
- United States v. Conservation Chemical Co.District Court, W.D. Missouri · 1985
- Mardan Corporation v. C.G.C. Music, Ltd. And MacMillan Inc.Court of Appeals for the Ninth Circuit · 1986
- Smith Land & Improvement Corp. v. Celotex Corp.Court of Appeals for the Third Circuit · 1988
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- American Stock Exchange, LLC v. Mopex, Inc.District Court, S.D. New York · 2002
- Specialty Minerals, Inc. v. Pluess-Staufer AGDistrict Court, S.D. New York · 2005
- Union Carbide Corp. v. Thiokol Corp.District Court, S.D. Georgia · 1994
- Westfarm Associates Ltd. Partnership v. International Fabricare InstituteDistrict Court, D. Maryland · 1993
- Village of Fox River Grove, Ill. v. Grayhill, Inc.District Court, N.D. Illinois · 1992
3 more not listed; retrieve them via the Exa API.