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Resolving "Resolved": Covenants Not To Sue And The Availability Of Cercla Contribution Actions, Jacob Podell
Resolving "Resolved": Covenants Not To Sue And The Availability Of Cercla Contribution Actions, Jacob Podell
Michigan Law Review
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)—as part of its dual goals of cleaning up hazardous-waste sites and ensuring that the polluter pays for that cleanup—gives private parties two mutually exclusive causes of action: cost recovery and contribution. Contribution is available in limited circumstances, including if the party has “resolved” its liability with the government. But CERCLA does not define this operative term. Federal courts are split over how the structure of a settlement resolves liability. Several courts follow Bernstein v. Bankert, which held that any conditions precedent and nonadmissions of liability strongly suggest that a party …
Redefining The "Cost Of Suit" Under Section Four Of The Clayton Act, Michigan Law Review
Redefining The "Cost Of Suit" Under Section Four Of The Clayton Act, Michigan Law Review
Michigan Law Review
This Note explores the possible interpretations of the "cost of suit" provision and the policies which it implicates. It concludes that the Copper Liquor interpretation best advances the goals of the antitrust laws set forth by Congress and the courts. Part I examines the development of the present controversy among the circuits. Part II analyzes and refutes the arguments which have been set forth in support of the traditional rule. Part III explores the policy considerations which underlie private treble damage actions and concludes that the Copper Liquor interpretation of the "cost of suit" provision serves them better than does …