Circuit split · environmental law
Whether a successor corporation may be held liable under CERCLA based on the federal common-law 'substantial continuity' (continuity of enterprise) test rather than traditional corporate successor-liability rules
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Howlett v. Holiday Inns, Inc.120 F3D 598
Sixth Circuit Court of Appeals · August 5, 1997
“Recognizing the split among the circuits on this question and the absence of controlling authority in this circuit, the district court then certified its order denying summary judgment for interlocutory appeal.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
29 U.S.C. § 626 — Recordkeeping, investigation, and enforcement
“(a) Attendance of witnesses; investigations, inspections, records, and homework regulations The Equal Employment Opportunity Commission shall have the power to make investigations and require the keeping of records necessary or appropriate for the administration of this chapter in accordance with the powers and procedures provided in sections 209 and 211 of this title. (b) Enforcement; prohibition of age discrimination under fair labor standards; unpaid minimum wages and unpaid overtime compensation; liquidated damages; judicial relief; …”Read the full section →
What the split turns on
- Doctrines & tests:
- tender-back requirement
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. See all circuit splits.