Legal Opinion
Retirement Community Developers, Inc. v. Merine
District Court, D. Maryland
Decided May 17, 1989No. Civ. PN-87-2464PublishedCited by 40 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
NIEMEYER, District Judge.
This case presents the potentially far reaching issue whether a private cause of action to recover the costs of removing asbestos installed as part of the structure of buildings is created by the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq.
When plaintiffs undertook to renovate an apartment building in 1984 known as Fen-wick House in Silver Spring, Maryland, they chose to remove asbestos insulation which was originally installed to fireproof structural members in the building as well as…
2Cases cited7 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
- Exxon Corp. v. HuntSupreme Court of the United States · 1986
- Pinole Point Properties, Inc. v. Bethlehem Steel Corp.District Court, N.D. California · 1984
- Artesian Water Co. v. Government of New Castle CountyCourt of Appeals for the Third Circuit · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- 3550 Stevens Creek Associates, a Limited Partnership v. Barclays Bank of CaliforniaCourt of Appeals for the Ninth Circuit · 1990
- First United Methodist Church of Hyattsville v. United States Gypsum CompanyCourt of Appeals for the First Circuit · 1989
- Weyerhaeuser Corp. v. Koppers Co., Inc.District Court, D. Maryland · 1991
- Plaskon Electronic Materials, Inc. v. Allied-Signal, Inc.District Court, N.D. Ohio · 1995
- United States v. Fairchild Industries, Inc.District Court, D. Maryland · 1991
35 more not listed; retrieve them via the Exa API.