Injuries and Damages from Hazardous Wastes: Analysis and Improvement of Legal Remedies : a Report to Congress in Compliance with Section 301(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (P.L. 96-510), Deli 1–2U.S. Government Printing Office, 1982 |
Pogosti izrazi in povedi
abate accrual act or omission action accrues alternative liability applied causation cause of action chemicals City claims class action Code Ann compensation Congress Corp created dangerous defendant defendant's determine discovery principle discovery rule disease doctrine dump enterprise liability Environmental exposure fact federal common law federal courts fund hazardous substances hazardous waste hazardous waste disposal HUNTON & WILLIAMS industry injuries caused invasion issue Jersey jurisdictions land latent injuries legislation legislature litigation manufacturer medical malpractice Milwaukee negligence negligence per se owner personal injury actions plaintiff plaintiff discovers presumption private remedy problem product liability PROSSER public nuisance reasonable regulations Restatement Second result retroactive right of action risk standard Stat statute of limitations statutory strict liability suit Superfund Superfund Act Supp supra note Supreme Court theory tion Toxic Substances toxic tort toxic waste trespass ultrahazardous ultrahazardous activity violation
Priljubljeni odlomki
Stran 40 - If the right sought to be enforced is one defined in paragraph (1) of subdivision (a) of this rule notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.
Stran 5 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Stran 1 - Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any effluent standard or limitation or to seek any other relief (including relief against the Administrator or a State agency). (f ) For purposes of this section, the term "effluent standard or limitation under this Act...
Stran 39 - When appropriate (A) an action may be brought or maintained as a class action with respect to particular issues, or (B) a class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly.
Stran 39 - ... proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (3) imposing conditions on the representative parties or on intervenors...
Stran 23 - First, there must be a showing that the challenged statute regulates the "States as States." . . . Second, the federal regulation must address matters that are indisputably "attributes of State sovereignty." . . . And, third, it must be apparent that the States' compliance with the federal law would directly impair their ability "to structure integral operations in areas of traditional functions.
Stran 3 - However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the privilege of a witness, person, government, State, or political subdivision thereof shall be determined in accordance with State law.
Stran 6 - A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
Stran 7 - ... willful negligence or willful misconduct within the privity and knowledge...
Stran 21 - When it reaches a certain magnitude, in most if not in all cases there must be an exercise of eminent domain and compensation to sustain the act.