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), 2. daļaU.S. Government Printing Office, 1982 |
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accrual action accrues action for latent adopt the discovery Alabama Alaska alternative liability apportionment begins to run causation cause of action Chewing Gum Corp claims Code Ann common law compensation continuing tort court held created current owner defendant defendant's disability discharge discovery principle discovery rule disease disposal of hazardous doctrine drug dump enterprise liability Environmental exposure Exxon federal financial responsibility fund hazardous substances hazardous waste hazardous waste disposal injuries caused invasion Jersey land landowner latent injuries legislature limitation period medical malpractice N.J. Rev negligence negligence per se Nuisance Statutes operation payment Pennsylvania personal injury personal injury actions Philadelphia Chewing Gum plaintiff pollution private remedy product liability property damage PROSSER public nuisance regulations Restatement Second resulting Reynolds Metals Co right of action Stat statute of limitations statutory strict liability Supp supra note Supreme Court theory toxic waste ultrahazardous activity violation
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8. lappuse - ACTIONS (a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
10. lappuse - Government hardly could go on if, to some extent, values incident to property could not be diminished without paying for every such change in the general law.
8. lappuse - ... (b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied...
11. lappuse - 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.
19. lappuse - 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.
6. lappuse - They are by definition arbitrary, and their operation does not discriminate between the just and the unjust claim, or the avoidable and unavoidable delay. They have come into the law not through the judicial process but through legislation. They represent a public policy about the privilege to litigate. Their shelter has never been regarded as what now is called a 'fundamental' right or what used to be called a 'natural
29. lappuse - Several weeks later, in Middlesex County Sewerage Authority v. National Sea Clammers Association, 453 US 1, 101 S.Ct. 2615...
5. lappuse - That a legislative presumption of one fact from evidence of another may not constitute a denial of due process of law or a denial of the equal protection of the law it is only essential that there shall be some rational connection between the fact proved and the ultimate fact presumed, and that the inference of one fact from proof of another shall not be so unreasonable as to be a purely arbitrary mandate.