WebJan 14, 2005 · Indeed, that was the very fact pattern at issue in the Cooper case: the plaintiff, Aviall Services, had acquired property previously owned by the defendant, Cooper Industries, and had cleaned up the property under the Texas voluntary cleanup program. Webits decision in Cooper Industries, Inc. v. Aviall Services, Inc., 125 S. Ct. 577 (Dec. 13, 2004). In Aviall, the Supreme Court held that the plain language of CERCLA § 113(f)(1) allows a potentially responsible party (PRP) to seek contribution only “during or following” a “civil action” under CERCLA § 106 or §

Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157 …

WebNov 3, 2005 · GenCorp moved this Court for reconsideration of that holding in light of the decision in Aviall Services, Inc. v. Cooper Industries, 263 F.3d 134, 145 (5 th Cir. 2001), in which it had been held that a pending or completed civil action under Sections 106 or 107(a) of CERCLA is a prerequisite to maintaining a § 113(f)(1) contribution claim. WebIn Cooper Industries v. Aviall Services,4 the 2004 Supreme Court granted certiorari to address whether CERCLA provides a mechanism for potentially responsible parties to … graphics card attached to laptop

The Right of Contribution Under CERCLA After Cooper …

WebIn Cooper Industries v. Aviall Services,4 the 2004 Supreme Court granted certiorari to address whether CERCLA provides a mechanism for potentially responsible parties to collect clean-up costs from each other in section 113 private contribution actions, independent of EPA administrative ... WebJul 20, 2006 · Prior to the entry of final judgment, GenCorp requested reconsideration of the question of liability under § 113(f)(1) of CERCLA in light of the decision of the Fifth Circuit Court of Appeals in Aviall Services, Inc. v. Cooper Industries, 263 F.3d 134, 145 (5 th Cir. 2001) ("Aviall I"), in which it was held that a pending or completed civil action under … WebCooper Ind. V. Aviall Services (2004) * Who: avail buys from cooper, avail sues cooper to help pay for cost of cleaning- cooper says ok responsible party but do i have to if avail hasnt been sued What: CERCLA Sign: Diamond v. Chakrabarty (1980)* Who: commissioner of patents v scientist graphics card at low price