Legal Opinion
Smith Land & Improvement Corp. v. Celotex Corp.
Court of Appeals for the Third Circuit
Decided June 30, 1988No. Nos. 87-5740, 87-5741PublishedCited by 127 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.*
This is a suit by a purchaser of land seeking contribution toward expenses incurred in the clean-up of a hazardous waste site. The defendant invoked and the district court accepted the defense of caveat emptor. A review of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601-75, convinces us that caveat emptor, though it may affect the amount of an award, is not a permissible defense to liability. We also conclude that the general doctrine of corporate successor liability is appropriate in CERCLA…
2Cases cited11 opinions
- Mardan Corporation v. C.G.C. Music, Ltd. And MacMillan Inc.Court of Appeals for the Ninth Circuit · 1986
- Philadelphia Electric Company v. Hercules, Inc. And Gould, Inc. Appeal of Hercules, IncCourt of Appeals for the Third Circuit · 1985
- United States v. Chem-Dyne Corp.District Court, S.D. Ohio · 1983
- United States v. BlissDistrict Court, E.D. Missouri · 1987
- United States v. PriceDistrict Court, D. New Jersey · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
- Amoco Oil Company v. Borden, Inc.Court of Appeals for the Fifth Circuit · 1990
- United States v. Carolina Transformer Company Dewey Strother Kenneth Ray Strother Faytranco, IncorporatedCourt of Appeals for the Fourth Circuit · 1992
- Redwing Carriers, Inc. v. Saraland ApartmentsCourt of Appeals for the Eleventh Circuit · 1996
- 3550 Stevens Creek Associates, a Limited Partnership v. Barclays Bank of CaliforniaCourt of Appeals for the Ninth Circuit · 1990
- Johnson Controls, Inc. v. Employers Insurance of WausauWisconsin Supreme Court · 2003
122 more not listed; retrieve them via the Exa API.