Friday, April 3, 2015

AmeriPride Services, Inc. v. Texas Eastern Overseas, Inc.

<> AmeriPride Services, Inc. v. Texas Eastern Overseas, Inc. - 4/2/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 12-17245. The Panel vacated the district court's judgment after trial and agreeing with the First Circuit, and declining to follow the reasoning of the Seventh Circuit, the panel held that in allocating liability to a nonsettling defendant in a CERCLA contribution action, the district court is not required to apply either the proportionate share approach of the Uniform Comparative Fault Act or the pro tanto approach of the Uniform Contribution Among Tortfeasors Act, but rather has discretion to determine the most equitable method of accounting for settlements between private parties.

No comments: