Legal Opinion

Bank v. Thermo Elemental Inc.

Massachusetts Supreme Judicial Court

Decided June 16, 2008PublishedCited by 85 opinions

1Opinion of the CourtBotsford, J.

After trichloroethylene (TCE)4 was found in the groundwater beneath their property in Waltham, the plaintiff trustees of the Lincoln Street Trust (trustees; trust; the words are used interchangeably) undertook a response action pursuant to the Massachusetts Oil and Hazardous Material Release Prevention Act, G. L. c. 21E, eventually spending more than $800,000 in the effort. At issue in this case is the trustees’ endeavor to recover the costs incurred in carrying out this response from the several entities that successively leased the property between 1963 and 1988, as well as from corporate…

2Cases cited40 opinions

  1. Anthony's Pier Four, Inc. v. HBC ASSOCIATESMassachusetts Supreme Judicial Court · 1991
  2. Key Tronic Corp. v. United StatesSupreme Court of the United States · 1994
  3. Fontaine v. Ebtec Corp.Massachusetts Supreme Judicial Court · 1993
  4. Fabre v. WaltonMassachusetts Supreme Judicial Court · 2004
  5. Raunela v. Hertz Corp.Massachusetts Supreme Judicial Court · 1972

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3Cited by85 opinions

  1. Farmers Insurance Exchange v. RNK, Inc.Court of Appeals for the First Circuit · 2011
  2. Balles v. Babcock Power Inc.Massachusetts Supreme Judicial Court · 2017
  3. Barclays Bank PLC v. PoynterCourt of Appeals for the First Circuit · 2013
  4. Alicea v. MacHete MusicCourt of Appeals for the First Circuit · 2014
  5. A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 2018

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