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Indemnity

Greyhound Lines, Inc. v. Viad Corp.

A district court, in an underlying suit concerning indemnificaton for environmental cleanup, held that a corporation's counterclaims against a bus company for fraud and negligent misrepresentation are barred by Arizona's economic loss...

VFC Partners 26, LLC v. Cadlerocks Centennial Drive

The First Circuit reversed in part a lower court's judgment in favor of a lender in a dispute concerning environmental testing expenses associated with a foreclosure on a parcel of land following a loan default. The lender and borrower...

Wilder Corp. of Delaware v. Thompson Drainage & Levee District

The Seventh Circuit held that a landowner who sold a large parcel of floodplain property to a conservation group may not ask a local drainage district to indemnify him for damages he incurred in an underlying breach of warranty suit...

Union Oil Co. of Cal. v. Terrible Herbst, Inc.

The court holds that in a contract dispute over the responsibility for pollution cleanup beneath a gas station, withholding assertion of a nonfrivolous claim in reliance on an agreement waiving a statute-of-limitations defense...

Abraham v. Rockwell Int'l Corp.

The court holds that a defense contractor that operated the Rocky Flats Nuclear Weapons Plant in Colorado could recover under its contract with the U.S. Department of Energy (DOE) legal fees and other costs it incurred in a successful...

Bragg v. Robertson

The court upholds as reasonable and fair a settlement agreement in a citizen suit challenging the federal government's failure to perform Federal Water Pollution Control Act (FWPCA) duties concerning mountaintop mining in West Virginia...

White Consol. Indus., Inc. v. Westinghouse Elec. Corp.

The court holds that the buyer of a facility contaminated with trichloroethylene (TCE) assumed responsibility for environmental liabilities in its purchase agreement with the seller. The court first holds that the seller's failure to...

Olin Corp. v. Yeargin, Inc.

The court holds that a chlorine manufacturer may bring contractual indemnification claims against a contractor for environmental costs, fines, and penalties incurred after the contractor's employees were exposed to mercury at the...

Commander Oil Corp. v. Advance Food Serv. Equip.

The court, applying New York law, holds that indemnification provisions in an asset purchase agreement between a Comprehensive Environmental Response, Compensation, and Recovery Act (CERCLA) defendant and a third-party defendant, when...

Soo Line R.R. v. B.J. Carney & Co.

The court holds that the owner of a Minnesota site contaminated with hazardous substances has stated a cause of action, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Minnesota...