Mass. Superfund Plaintiffs May Face Double Trouble

Law360, New York (April 11, 2008, 12:00 AM EDT) -- Under a recent Massachusetts Supreme Judicial Court decision, a plaintiff suing a parent company for a subsidiary's pollution under the state's Superfund law may end up not only without a judgment to pay for the cleanup, but out-of-pocket for the defendant's attorneys' fees as well, says Jennifer Sulla of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC.

The Massachusetts Supreme Judicial Court (SJC) has held that a parent corporation is not liable under M.G.L. c. 21E, the Massachusetts Superfund law, for the liability of a subsidiary...
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