CERCLA hones the ability to provide permits to private parties that are thus seeking any sort of contribution during or following a civil action; this falls under the section 107(a). Because of this, there arises a question within the court case Cooper Industries, Inc. v. Aviall Services Inc., 531 U.S 157. Does the §107(a) give the “potentially responsible parties” (PRPs) with a cause of action to reclaim costs from other PRPs? In Justice Thomas’ opinion of the court, they uphold that this section grants this right. Due to the Cooper Industries case, where they decided that a private party had the right to seek out contribution from other parties alike, Justice Thomas was able to back the court’s opinion. In the case at hand, where an Atlantic
Research team leased out some Shumaker Naval Ammunition Depot property, they were asked retrofit rocket motors for the United States. They utilized a high pressure water spray which removed some propellant pieces within the motors. Because the pressurized water burned some of these pieces, it created wastewater that seeped into nearby groundwater and soil at the location. Upon realization, the Atlantic Research team cleaned their “mess” at their own expense, but afterwards they sued the U.S. to essentially restore their lost funds. The District Court dismissed their case and relied on the previous ruling under the Cooper Industries decision. Once this case hit the Court of Appeals of the Eighth Circuit, they reserved the previous decision by stating that the § 133(f) does not grant an exclusive route where PRPs can have recoveries for their clean up costs. It also held that the Atlantic Research had a cause of action under the § 107 (a)(4)(B). Because of the reversal, this Court granted the case a writ of certiorari. After going through the Supreme Court, they upheld the Court of Appeals decision and backed it with the fact that § 107 (a)(4)(B) allows PRP’s to recover their own costs from other PRPs, the statutes provides this Atlantic Research team with a cause of action.
EEOC v. Consolidated Service System, 989 F.2d 233 (Cir. 1993), as cited by Bennett-Alexander, D.D. and Hartman, L. P. (2014) at 195.
The decision in Equuscorp is significant, as it has made clear several principles that were once ambiguous under Australian law. It ratifies that restitutionary remedies are unavailable for a claim for money had and received where recovery would reduce coherence in the law. Furthermore, Equuscorp has confirmed that a bare cause of action can be assigned where the assignee has a genuine commercial interest in its enforcement.
Washington Law Review, Vol. 86, Issue 4 (December 2011), pp. 841-874 Barnum, Jeffrey C. 86 Wash. L. Rev. 841 (2011)
According to the majority opinion in the Lucas case, what two types of regulatory action automatically trigger compensation as takings, without a court needing to examine the circumstances in a case-specific way?
A group of investors (Arundel group) is looking into the idea of purchasing the sequel rights associated with films produced by one or more major movie studios. Movie rights are to be purchased prior to films being made. Arundel wants to come up with a decision to either purchase all the sequel rights for a studio's entire production during a specified period of time or purchase a specified number of major films. Arundel's profitability is dependent upon the price it pays for a portfolio of sequel rights. Our analysis of Arundel's proposal includes a net present value calculation of each movie production company. In order to decide whether Arundel can make money buying movie sequel rights depends on whether the net present value of the production company's movies is higher than the estimated 2M per film required to purchase the rights.
The Avalon Project at the Yale Law School. Ed. Fray, William C. April 2000. Yale University. 1 May 2000. (http://www.yale.edu/lawweb/avalon/wilson14.html)
Charles Hughes, president and CEO of Land Rover North America (LRNA), and his executive committee want to expand LRNA’s reach within North America. Based on the growing strength of the U.S. SUV market, research which suggests consumers are seeking vehicles that can help them have “experiences” while being practical, safe, reliable and luxurious, the success of the Discovery in the U.K. and near doubling of the Land Rover brand worldwide, LNRA is seeking to become the “world’s premier 4x4 specialty company” through effective brand, product and retail strategies. LNRA’s success hinges on making the correct positioning, marketing mix and retailing decisions.
Cabot Corporation (NYSE: CBT) is a leading global specialty chemicals and performance materials company which delivers a broad range of products and solutions to customers in every corner of the globe, serving key industries such as transportation, infrastructure, environment and consumer.They are a leading provider of rubber and specialty carbon blacks who are well-positioned worldwide operating 45 manufacturing facilities in 21 countries.
I believe that the expansion of prisoners’ rights, since the famous Cooper v. Plate (1964) case, has been a great thing. For a long time prisoners were treated like they were not a person, like they were the filth of this earth. They had no rights and were not offered any type of protection within the correctional system. With the Cooper v. Plate case, came the law that the prisoners’ rights would be protected by the constitution. This also led to prisoners being able to file lawsuits against state officials who may be violating their rights, and their overall treatment within the correctional system. These were luxuries that prisoners had not had before. They were not given the basic human rights, nor were their rights protected by the constitution. No one had truly advocated for prisoner rights, until this case. This case paved the way for prisoner rights and the humane treatment for all.
The Body Shop International case is an interesting case study into the miscommunication of owners and stockholder interests with regard to financial conditions. Anita Roddick, the founder of The Body Shop had no financial experience and thought that all she needed to do was expand her business and the financing would take shape as she developed her business. While Anita’s product concept of a natural skin-care line was good; her lack of experience in financial matters took its toll on her business.
Whenever I hear about discrimination, prejudice or stereotypes, as they relate to race, ethnicity and you name it, my system aches. Being inhumane and lack respect for your fellow brothers or sisters regardless of color, speaks volume and causes unsettling issues in our society today. In this assignment, my mission is to share an historic event that took place in Martinsville, VA back in 1949. This case includes rape and a racially motivated justice system, that leads to racial discrimination; ultimately, led to the execution of seven. This case garnered international recognition and eventually left an indelible scar on the world. With numerous evidence of racial discrimination, I have put together a compelling argument which establishes the
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.
Sharp’s business philosophy is to use its innovative technology “to contribute to the culture, benefits and welfare of people throughout the world” (Noda 25). Sharp is constantly trying to position itself as a leader in innovation as further supported by its business creed, which states to “constantly be aware of the need to innovate and improve” (Noda 25). However, this focus on innovation and creativity has not always been consistent with how the company has been operated. The history of the company is replete with periods of both innovation and imitation.
United States of America. U.S. Supreme Court. Legal Information Institute. Cornell University Law School, 1 Apr. 2003. 13 Nov. 2013
plant. This has been great for us over the years. We have set up a very