apportionment

Fourth Circuit Affirms Ashley Rulings

Brownfields, CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence / By

The United States Court of Appeals finally issued its much anticipated ruling in PCS Nitrogen v Ashley II of Charleston, 2013 U.S. App. LEXIS 6815 (4th Cir. 4/4/13) last week. However, the wait turned out to be much ado about nothing. The court affirmed the district court rulings but did not clarify perhaps the most […]

Fourth Circuit Affirms Ashley Rulings Read More »

7th Circuit Declines To Apply Third Restatement of Torts in Apportionment Case

CERCLA, Corporate and Real Estate Transactions / By

In U.S. v. NCR Corp., 2012 U.S. App. LEXIS 16097 (7th Cir. 8/3/12) the United States Court of Appeals for the Seventh Circuit declined to adopt the Third Restatement of Torts reflecting a national trend away from joint liability. This ruling seems to fly in the face of the legislative history of the Comprehensive Environmental

7th Circuit Declines To Apply Third Restatement of Torts in Apportionment Case Read More »

Scroll to Top