Risk did not pass back to indemnified party at the end of the period of indemnification, but should be allocated according to law and the other provisions of the agreement.
Cleanup costs, although more expensive due to being prompted by consent order, had sufficient nexus to the environmental response and were therefore reasonable.
Cost allocation methodology was improper, as it did not consider costs of individual remediations.
Court did not abuse discretion in attributing lead contamination to historic factors.
Arbitrary award percentages used in balancing of equities were not supported by specifics in the record.
Corporate entities distinct. Public policy requires presumption for the corporate form.
http://www2.ca3.uscourts.gov/opinarch/161994p.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.