Hatco Corp. v. W.R. Grace & Co. Conn., No. 94-5276
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
| Writing for the Court | WEIS; HUTCHINSON |
| Citation | 59 F.3d 400 |
| Parties | , 25 Envtl. L. Rep. 21,238 HATCO CORPORATION, Appellee v. W.R. GRACE & CO.--CONN., a Corporation of the State of Connecticut, Defendant and Third-Party Plaintiff v. ALLSTATE INSURANCE COMPANY (as successor to Northbrook Excess and Surplus Company); American Employers' Insurance Company; Certain Underwriters at Lloyd's, London and the London Market Companies; Commercial Union Insurance Company; Continental Casualty Company; Pacific Employers Insurance Company; Unigard Security Insurance Company, Third-Party Defendants and COMMERCIAL UNION INSURANCE COMPANY, Third-Party Defendant and Fourth-Party Plaintiff v. MARYLAND CASUALTY COMPANY, Fourth-Party Defendant and Fifth-Party Plaintiff v. AMERICAN CENTENNIAL INSURANCE COMPANY; Evanston Insurance Company; First State Insurance Company; Gibraltar Casualty Company; Hartford Casualty Insurance Company; Certain Underwriters at Lloyd's, London and the London Market Companies; Midland Insurance Company; Reliance Insurance Company; Republic Insurance Company; Royal Indemnity Company; Transport Indemnity, a/k/a Mission American Insurance Company; Twin City Fire Insurance Company, Fifth-Party Defendants and W.R. Grace & Co.--Conn., Appellant. |
| Docket Number | No. 94-5276 |
| Decision Date | 08 August 1995 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
92 practice notes
-
Vine Street v. Keeling ex rel. Estate of Keeling, No. 6:03-CV-223.
...to a CERCLA claimant seeking response costs, Iron Mountain II, 987 F.Supp. at 1241 n. 16 (citing Hatco Corp. v. W.R. Grace & Co. Conn., 59 F.3d 400, 404 (3d Cir.1995)), the Court is unaware of any legal authority that an indemnity agreement — by itself and without contemporaneous reference ......
-
Angeles v. Citgo Asphalt Ref. Co. (In re Petition of Frescati Shipping Co.), CIVIL ACTION NO. 05-cv-305 (JHS)
...to respond to the health and environmental danger presented by hazardous substances"); see also Hatco Corp. v. W.R. Grace & Co. Conn., 59 F.3d 400, 412 (3d Cir. 1995) (agreeing that, in a CERCLA action, the Government was "asking for restitution of amounts that it had expended and as such w......
-
Rubenstein v. Royal Ins. Co. of America, No. 98-P-1650
...1645, 71 L.Ed.2d 875 (1982); Hatco Corp. v. W.R. Grace & Co., 801 F.Supp. 1334, 1345 (D.N.J.1992), judgment vacated on other grounds, 59 F.3d 400 (3d Cir.1995). Of course, there is no bar against an insurer obtaining a share of indemnification or defense costs from other insurers under the ......
-
Carson Harbor Village, Ltd. v. Unocal Corporation, Case No. CV 96-3281 MMM (RCx) (C.D. Cal. 10/29/2003), Case No. CV 96-3281 MMM (RCx).
...request to strike plaintiff's demand for a jury trial on its remaining CERCLA claim. See, e.g., Hatco Corp. v. W.R. Grace & Co.-Conn., 59 F.3d 400, 412-14 (3d Cir. 1995) (holding that the parties are not entitled to a jury trial in suits brought under 42 U.S.C. § 9607 and 9613); United Stat......
Request a trial to view additional results
90 cases
-
U.S. v. Viking Resources, Inc., Civil Action No. H-08-1291.
...costs are essentially a form of restitution, which is an equitable remedy.76 See, e.g., Hatco Corp. v. W.R. Grace & Co. Conn., 59 F.3d 400, 412 (3d Cir. 1995) (holding that "a jury trial is not available in a claim brought under section 9607 [to recover response costs]"); Unit......
-
Vine Street v. Keeling ex rel. Estate of Keeling, No. 6:03-CV-223.
...a CERCLA claimant seeking response costs, Iron Mountain II, 987 F.Supp. at 1241 n. 16 (citing Hatco Corp. v. W.R. Grace & Co. Conn., 59 F.3d 400, 404 (3d Cir.1995)), the Court is unaware of any legal authority that an indemnity agreement — by itself and without contemporaneous reference......
-
Angeles v. Citgo Asphalt Ref. Co. (In re Petition of Frescati Shipping Co.), CIVIL ACTION NO. 05-cv-305 (JHS)
...to the health and environmental danger presented by hazardous substances"); see also Hatco Corp. v. W.R. Grace & Co. Conn., 59 F.3d 400, 412 (3d Cir. 1995) (agreeing that, in a CERCLA action, the Government was "asking for restitution of amounts that it had expended and as suc......
-
Rubenstein v. Royal Ins. Co. of America, No. 98-P-1650
...1645, 71 L.Ed.2d 875 (1982); Hatco Corp. v. W.R. Grace & Co., 801 F.Supp. 1334, 1345 (D.N.J.1992), judgment vacated on other grounds, 59 F.3d 400 (3d Cir.1995). Of course, there is no bar against an insurer obtaining a share of indemnification or defense costs from other insurers under ......
Request a trial to view additional results
1 books & journal articles
-
Defenses and Exceptions to Liability
...have remanded to the district court for the taking of extrinsic evidence. See, e.g. , Hatco Corp. v. W.R. Grace & Co. Conn., 59 F.3d 400, 408 (3d Cir. 1995). 98. See Southfund Partners III v. Sears, Roebuck & Co., 57 F. Supp. 2d 1369, 1374 (N.D. Ga. 1999) (“Because ‘as is’ provisions in Geo......