§Why CasetextPricing

M.C. v. Pactiv Corporation, et al (Lead Case)

RESPONSE to Motion re MOTION for More Definite Statement, 14 MOTION to Dismiss, 12 MOTION to Dismiss

65 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,646 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  2. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,133 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

  3. U.S. v. Alcan Aluminum Corp.

    964 F.2d 252 (3d Cir. 1992)   Cited 256 times   1 Legal Analyses
    Holding that the petroleum exclusion was intended to exempt oil spills, not releases of oil that have become infused with hazardous substances through use

  4. U.S. v. Hansen

    262 F.3d 1217 (11th Cir. 2001)   Cited 176 times
    Holding that the government's failure to disclose court opinions, which "were all available through legal research," does not violate Brady

  5. Boshell v. Keith

    418 So. 2d 89 (Ala. 1982)   Cited 297 times
    Discussing Alabama's rule of repose and noting the first recognition of the rule in 1858

  6. Parker v. Scrap Metal Processors, Inc.

    386 F.3d 993 (11th Cir. 2004)   Cited 143 times
    Holding that where error in assessing damages "resulted in a miscarriage of justice and seriously affected the fairness of the judicial proceedings," the proper remedy was to remand for a new trial on damages only

  7. B.F. Goodrich Co. v. Murtha

    958 F.2d 1192 (2d Cir. 1992)   Cited 198 times
    Holding that "a municipality may be liable as a potentially responsible party if it arranges for the disposal of hazardous substances"

  8. Thomas v. BSE Industrial Contractors, Inc.

    624 So. 2d 1041 (Ala. 1993)   Cited 155 times
    Holding that a worker's fear that he would contract cancer because of his exposure to asbestos was insufficient to state a claim for outrage

  9. Tanglewood East Homeowners v. Charles-Thomas

    849 F.2d 1568 (5th Cir. 1988)   Cited 176 times
    Holding that "those who move the waste about the site may fall within the terms of the provision"

  10. Casrell v. Altec Industries, Inc.

    335 So. 2d 128 (Ala. 1976)   Cited 243 times
    Adopting Alabama Manufacturer's Extended Liability Doctrine of products liability law with related defenses

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,310 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,506 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 9601 - Definitions

    42 U.S.C. § 9601   Cited 4,274 times   133 Legal Analyses
    Adopting the definition of “disposal” contained in the Solid Waste Disposal Act

  14. Section 1251 - Congressional declaration of goals and policy

    33 U.S.C. § 1251   Cited 3,552 times   62 Legal Analyses
    Designating the Administrator of the EPA to "administer this chapter"

  15. Section 6901 - Congressional findings

    42 U.S.C. § 6901   Cited 1,283 times   26 Legal Analyses
    Noting the "rising tide of scrap, discarded, and waste materials"

  16. Section 9604 - Response authorities

    42 U.S.C. § 9604   Cited 782 times   12 Legal Analyses
    Defining "eligible entity" as a state or local government body or its agent

  17. Section 1321 - Oil and hazardous substance liability

    33 U.S.C. § 1321   Cited 536 times   14 Legal Analyses
    Granting the President authority to "remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time"

  18. Section 7412 - Hazardous air pollutants

    42 U.S.C. § 7412   Cited 438 times   40 Legal Analyses
    Mandating the EPA "require the maximum degree of reduction" that is "achievable" in regulating hazardous air pollutants

  19. Section 1801 - Findings, purposes and policy

    16 U.S.C. § 1801   Cited 427 times   5 Legal Analyses
    Finding the economies of "[m]any coastal areas . . . have been badly damaged by the overfishing of fishery resources," particularly by "[t]he activities of massive foreign fishing fleets"

  20. Section 2011 - Congressional declaration of policy

    42 U.S.C. § 2011   Cited 423 times   4 Legal Analyses

    Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that- (a) the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and (b) the development, use, and control of atomic energy shall be directed so as to promote