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Friday, July 31, 2020 | History

5 edition of Successor liability for environmental damage found in the catalog.

Successor liability for environmental damage

Terry R. Davis

Successor liability for environmental damage

by Terry R. Davis

  • 20 Want to read
  • 31 Currently reading

Published by Faculty of Law, the University of Calgary in Calgary, Alta., Canada .
Written in English

    Places:
  • Canada.
    • Subjects:
    • Environmental law -- Canada.,
    • Liability for environmental damages -- Canada.,
    • Vendors and purchasers -- Canada.

    • Edition Notes

      Includes bibliographical references.

      Statementby Terry R. Davis.
      SeriesDiscussion paper / Canadian Institute of Resources Law, Discussion paper (Canadian Institute of Resources Law)
      Classifications
      LC ClassificationsKE3619.5 .D38 1989
      The Physical Object
      Pagination46 p. ;
      Number of Pages46
      ID Numbers
      Open LibraryOL1927012M
      ISBN 100919269303
      LC Control Number90140804

      successor fiduciary, somewhat like a fiduciary liability insurance policy. Purchase fiduciary liability insurance policies — An added precaution would be for a trustee to buy an actual fiduciary liability insurance policy from an insurer who routinely covers similar policies, such as director and. Law and the Environment Blog ∙ Disclaimer ∙ Foley Hoag Rethinking Successor Liability under CERCLA Decem by Robert S. Sanoff The PCB contamination in the Lower Fox River in.

      Art. The action for rescission is subsidiary; it cannot be instituted except when the party suffering damage has no other legal means to obtain reparation for the same. () Art. Rescission shall be only to the extent necessary to cover the damages caused. (n) Art.   Successor liability arises most often in the areas of products liability, environmental liability, labor relations, bankruptcy, and tax. These areas of business law have targeted rules for certain situations where public policy warrant the purchaser taking responsibility for certain seller liabilities.

        The PCB contamination in the Lower Fox River in Wisconsin continues to spawn novel Superfund decisions. The latest is US , in which Judge Greisbach of the Eastern District of Wisconsin reversed his initial ruling, made less than six months ago, that the United States could not establish successor liability under CERCLA against Appleton Papers, which had bought assets from .   Civil Liability for Environmental Damage: A Comparative Analysis of Law and Policy in Europe and US, 2nd Edition (Energy and Environmental Law & Policy Series Supranational and Comparative Aspects) [Mark Wilde] on *FREE* shipping on qualifying offers. Civil Liability for Environmental Damage: A Comparative Analysis of Law and Policy in Europe and US, 2nd .


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Successor liability for environmental damage by Terry R. Davis Download PDF EPUB FB2

Notably, though, when evaluating successor liability under federal law, and specifically environmental laws like CERCLA, the doctrine may be more. Successor liability for environmental damage. [Terry R Davis; Canadian Institute of Resources Law.] Home. WorldCat Home About WorldCat Help. Search. Search for Library Items Search for Lists Search for Book\/a>, schema:CreativeWork\/a> ; \u00A0\u00A0\u00A0\n library.

Additional Physical Format: Online version: Davis, Terry R. (Terry Richard), Successor liability for environmental damage. Calgary, Alta., Canada: Faculty of.

Successor liability for environmental damage / Author: by Terry R. Davis. Publication info: Calgary: Canadian Institute of Resources Law, c Principle 22 of the Stockholm Declaration recognised gaps and called on states to ‘co-operate to develop further the international law regarding liability and compensation for victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such states to areas beyond their jurisdiction’.Author: Philippe Sands, Jacqueline Peel.

Successor Liability for Environmental Damage Author: Davis, Successor liability for environmental damage book R. Created Date: 7/6/ AM. Kende, C. ‘Liability for Pollution Damage and Legal Assessment of Damage to the Marine Environment’ Journal of Energy and Natural Resources Law Wilkinson, D.

‘Moving the Boundaries of Compensable Damage Caused by Marine Oil Spills: The Effect of Two New International Protocols’ Journal of Environmental Law 71 Products liability, environmental clean-up, and employment law are areas where the doctrine of successor liability is more commonly applied.

As a general rule, the buyer of assets in an asset acquisition does not automatically assume the liabilities of the seller. successor liability issues might arise under bankruptcy law36 or the Comprehensive Environmental Response, Compensation, and Liability Act (fiCERCLAfl) In such contexts, counsel should undertake additional research to determine the scope of potential successor liability.

The exceptions to the doctrine of successor liability illustrate (a) how difficult it is for a successor corporation to properly structure a transfer of assets so as to avoid the debts and obligations of its predecessor and (b) the readiness of the courts to punish sham transfers from a predecessor to its successor.

the Comité Maritime International (CMI) on the subject of Liability for Pollu-tion Damage, followed on September by a colloquium dealing with the Legal Assessment of Damage to the Marine Environment.

This book sets out the text of the 18 papers presented at. interests. When successor liability is imposed, a creditor or plaintiff with a claim against the seller may assert that claim against and collect payment from the purchaser. Historically, successor liability was a flexible doctrine, designed to eliminate the harsh results that could attend strict application of.

responsible for a seller’s liabilities under successor liability doctrines. The analysis of these issues is somewhat more complicated in the acquisition of assets, whether it be the acquisition of a division or the. 1 RECENT CASES INVOLVI NG LIMITED LIABILITY COM PANIES AND LIMITED LIABILITY PARTNERS HIPS By Elizabeth S.

Miller February, This paper summarizes cases that have appeared since the Limited Liability Entities – program. Dan Riesel started practicing environmental law and litigation inwhen he founded the environmental protection unit in the U.S.

Attorney's Office for the Southern District of New York –the first of its kind. He has been a member of the New York City environmental and litigation firm Sive, Paget & Riesel since He recently concluded a. Due to the nature of long-tail claims such as environmental or toxic tort actions, companies are frequently sued for bodily injury and property damage that their corporate predecessors caused many years ago.

Consequently, successor corporations often request Successor liability is a matter of tort duty and liability. It is. Successor Liability and Insurance: Think Insurance When Considering Mergers, Acquisitions and Spinoffs For example, enormous unforeseen environmental and product liabilities may emerge years and even decades after a merger or sale.

Fortunately, while old liabilities seem to never die, the same is often true of old insurance policies. Keith Broady spoke on Aug for the national webinar presented by The Knowledge Group on Successor Liability: What you Need to Know.

Issues relating to whether one company or individual can be held liable for the debts of another company are frequently encountered by businesses.

There is a presumption of corporate separateness that precludes. This book utilizes case studies, interviews with old and new government officials, and records of the actions of industry, military, government, and grass-roots environmental organizations to build a cohesive picture of the overwhelming ecological challenges facing the successor states.

The doctrine of successor liability is derived from labor law principles developed in a series of Supreme Court cases decided in the 's and 's. Although this doctrine was first applied to Labor Management Relations Act cases, it has been extended by the courts to cover most other Federal labor and employment statutes, including the.

The Comprehensive Environmental Response, Compensation and Liability Act, 42U.S.C. §§ ("CERCLA"), was enacted in to address the problems posed by past disposal of hazardous substances. CERCLA established a system under which "persons responsible" for waste disposal are held liable for the costs incurred by either the government or other private parties .SUCCESSOR LIABILITY UNDER CERCLA: IT'S TIME TO FULLY EMBRACE STATE LAW MICHAEL CARTER The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)' is the primary federal remedial statute governing hazardous waste contamination sites.

In the most publicly. “This doctrine [of no successor liability] is so familiar that it is surprising that any other case can be supposed to exist.” Fogg v. Blair, U.S.() “The issue of successor liability is dreadfully tangled, reflecting the difficulty of striking .