Legal Opinion
Burlington Northern & Santa Fe Railway Co. v. Poole Chemical Co.
Court of Appeals for the Fifth Circuit
Decided July 28, 2005No. 04-11217PublishedCited by 22 opinions
1Opinion of the Court
PRADO, Circuit Judge:
This appeal requires the court to decide whether § 9658 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts the Texas statute of repose in a lawsuit involving a buyer’s products liábility claim. After considering that issue, the court concludes that § 9658 does not preempt the Texas statute of repose and affirms the judgment of the district court.
Background Facts
Appellant Poole Chemical Company (Poole) operates an agricultural blending facility near Slanton, Texas. Appellee Skinner Tank Company (Skinner) manufactures and sells…
2Cases cited32 opinions
- Richards v. United StatesSupreme Court of the United States · 1962
- American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
- Barshop v. Medina County Underground Water Conservation DistrictTexas Supreme Court · 1996
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Computer Associates International, Inc. v. Altai, Inc.Texas Supreme Court · 1996
27 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Jonathan Barnett v. Dyncorp International, L.L.C.Court of Appeals for the Fifth Circuit · 2016
- Fiber Systems Intern., Inc. v. RoehrsCourt of Appeals for the Fifth Circuit · 2006
- Estella Martinez v. Walgreen CompanyCourt of Appeals for the Fifth Circuit · 2019
- State v. SmithSouth Dakota Supreme Court · 2023
- Burlington Northern & Santa Fe Railway Company v. Poole Chemical Company, Inc., Defendant-Third Party v. Skinner Tank Company, Third Party Skinner Tank Company, Third PartyCourt of Appeals for the Third Circuit · 2005
17 more not listed; retrieve them via the Exa API.