Leo v. Kerr-McGee Chemical Corp.
United States Court of Appeals for the Third Circuit
37 F.3d 96 (1994)
- Written by Tanya Munson, JD
Facts
Elaine Leo and Linda Yoder’s (plaintiffs) parents, Thomas and Catherine Bekes, died from bladder cancer as a result of exposure to thorium and other waste substances deposited on land near their home owned by the Welsbach Incandescent Light Company (Welsbach) until 1940. Welsbach operated a factory in Gloucester City, New Jersey, where their manufacturing process generated toxic waste. The waste was deposited on the factory site and contaminated the surrounding land. In 1940, much of Welsbach’s business, including orders, records, formulas, inventory, raw materials, and customer lists, was purchased by a competitor, Lindsay Light and Chemical Company (Lindsay). Lindsay did not acquire Welsbach’s Gloucester City land or the factory and instead moved the operation to Illinois. Kerr-McGee Chemical Corporation (Kerr-McGee) (defendant) later acquired Lindsay. Welsbach dissolved in 1944. Leo and Yoder filed suit against Kerr-McGee to recover for death, injuries, and potential risk of cancer resulting from their exposure to thorium and other waste products generated by Welsbach at the Gloucester City factory. Leo and Yoder sought to impose liability on Kerr-McGee on a theory of strict liability by reason that it acquired Welsbach’s business. Kerr-McGee filed a motion to dismiss.
Rule of Law
Issue
Holding and Reasoning (Greenberg, J.)
Concurrence (Atkins, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
