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CERCLA provides two mutually exclusive avenues for parties to recoup cleanup costs: cost-recovery actions and contribution actions. [read post]
30 Apr 2012, 5:00 am by Bexis
  In the exercise of that discretion, it may place conditions upon such a recovery or even abolish it altogether . . . . [read post]
2 Apr 2012, 5:00 am by Bexis
  In the exercise of that discretion, it may place conditions upon such a recovery or even abolish it altogether. . . . [read post]
Wynn’s Extended Care, Inc., for example, the U.S Court of Appeals for the Third Circuit held that a provision in a service contract that prevented the recovery of attorneys’ fees and costs constituted a waiver of a consumer’s rights under the TCCWNA, and was therefore prohibited. [read post]
2 Jun 2008, 6:41 am
Nordic Village, Inc., 503 U.S. 30, 37 (1992) (applying sovereign immunity principles to bankruptcy proceedings); Ardestani v. [read post]
22 Aug 2014, 6:20 am by Christopher G. Hill
Kalman retains its remedy to sue for legal damages if it desires to do so and Muscarelle does not demand arbitration. [read post]
2 Dec 2008, 10:49 am
When legal services advance both recoverable and unrecoverable claims, however, the services are so intertwined that the associated fees need not be segregated. [read post]