NCR Corp. v. George A. Whiting Paper Co.’s Empirical Analysis
768 F.3d 682 · 2014
Citation profile
13 federal appellate · 1 district ·
Relationships
Applies 42 U.S.C. § 9601 (§ 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9606 (§ 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9607 (§ 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9612 (§ 112 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9613 (§ 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9614 (§ 114 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9652 (§ 302 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980)
Relies on Hines v. Davidowitz · Freightliner Corp. v. Myrick · Free v. Bland · Cooper Industries, Inc. v. Aviall Services, Inc. · United States v. Atlantic Research Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In our view, only § 113(f)(3)(B) [contribution] provides the proper procedural mechanism for [the plaintiffs] claims.”). 6 . We do not here decide whether Whittaker’s contribution claim based on its liability in Castaic Lake belongs solely to Whittaker's insurers. 7 . The Seventh Circuit’s statement regarding the “slicing and dicing” of costs under the 2007 administrative order is consistent with our analysis. The statement refers to “slicing and dicing of costs incurred under the same administrative order,”
2 later decisions quote this exact passage“but it also grants the court the authority to decide which equitable factors will inform its decision in a given case.”
2 later decisions quote this exact passage“Appvion finds itself in a materially different position from NCR when it comes to the choice between cost recovery and contribution. In fact, it appears to be in an unusual, possibly unique, position among parties incurring costs under CERCLA: it was initially identified as a PRP by the government and paid response costs in that capacity, but later it was held to fail outside of CERCLA’s statutory grounds for liability. It is now on the hook for response costs only as NCR's indemnitor pursuant to an agreement signed when the companies split up. It is seeking the costs of response it paid directly while it was regarded as a PRP.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.