Legal Opinion
Caldwell Trucking PRP v. Rexon Technology Corp.
Court of Appeals for the Third Circuit
Decided August 31, 2005No. 03-2346PublishedCited by 13 opinions
1Opinion of the Court
OPINION
WEIS, Circuit Judge.
In this appeal we conclude that the text of a retention of liabilities provision in a stock purchase agreement requires assumption of CERCLA responsibilities by the seller, rather than simply indemnification. We also decide that prejudgment interest and the cost of an experimental treatment process are reasonable in a contribution suit under CERCLA section 113. 42 U.S.C. § 9613.
I
Caldwell Trucking Company provided liquid waste disposal service at its premises in Fairfield, New Jersey. From 1948 to 1974, the waste was deposited in several lagoons on the site, but,…
2Cases cited15 opinions
- Carvalho v. Toll Bros. and DevelopersSupreme Court of New Jersey · 1996
- Ramos v. Browning Ferris Industries of South Jersey, Inc.Supreme Court of New Jersey · 1986
- Horsehead Industries, Inc. v. Paramount Communications, Inc.Court of Appeals for the Third Circuit · 2001
- Bancamerica Commercial Corp. v. Mosher Steel of Kansas, Inc.Court of Appeals for the Tenth Circuit · 1996
- Beazer East, Inc. v. The Mead CorporationCourt of Appeals for the Third Circuit · 1994
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3Cited by13 opinions
- Litgo New Jersey Inc. v. Commissioner New Jersey Department of Environmental ProtectionCourt of Appeals for the Third Circuit · 2013
- Ameripride Services Inc. v. Texas Eastern Overseas Inc.Court of Appeals for the Ninth Circuit · 2015
- Saudi American Bank v. Shaw Group, Inc. (In Re Stone & Webster, Inc.)Court of Appeals for the Third Circuit · 2009
- Action Manufacturing Co. v. Simon Wrecking Co.District Court, E.D. Pennsylvania · 2006
- APL Co. Pte. Ltd. v. Remira Water Solutions, Inc.District Court, S.D. New York · 2014
8 more not listed; retrieve them via the Exa API.