Legal Opinion
Louisiana-Pacific Corp. v. ASARCO, Inc.
Court of Appeals for the Ninth Circuit
Decided September 23, 1993No. 91-36170PublishedCited by 40 opinions
1Opinion of the Court
DAVID R. THOMPSON, Circuit Judge:
In this appeal we hold that the statute of limitations of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) does not preempt a Washington statute which prescribes the time within which a dissolved corporation retains its capacity to be sued. See Levin Metals Corp. v. Parr-Richmond Terminal Co., 817 F.2d 1448 (9th Cir.1987). Therefore, a suit filed against a dissolved corporation outside the period of the state corporate-capacity statute, but within the CERCLA statute of limitations, may not be maintained. We also hold that the…
2Cases cited9 opinions
- Schiavone v. FortuneSupreme Court of the United States · 1986
- United States v. Ricardo GarzaCourt of Appeals for the Ninth Circuit · 1992
- Kilkenny v. Arco Marine Inc.Court of Appeals for the Ninth Circuit · 1986
- Louisiana-Pacific Corp. v. Asarco, Inc.Court of Appeals for the Ninth Circuit · 1990
- Levin Metals Corp. v. Parr-Richmond Terminal Co.Court of Appeals for the Ninth Circuit · 1987
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Barrow v. New Orleans Steamship Ass'nCourt of Appeals for the Fifth Circuit · 1994
- Margot Rendall-Speranza v. Edward A. NassimCourt of Appeals for the D.C. Circuit · 1997
- Hall v. Norfolk Southern Railway CompanyCourt of Appeals for the Seventh Circuit · 2006
- Williams v. Boeing Co.Court of Appeals for the Ninth Circuit · 2008
- J.C. Eaglesmith v. Jack Ward, Mendocino County Superintendent of SchoolsCourt of Appeals for the Ninth Circuit · 1996
35 more not listed; retrieve them via the Exa API.