Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

R.R. Street & Co., Inc., v. Pilgrim Enterprises, Inc.

In determining SWDA arranger status, the court considers the following non-exhaustive list of factors: whether the potentially responsible party 1. had some actual involvement in the decision to dispose of the waste, or, alternatively, had an obligation to control the disposal of the waste, 2. engaged in the transaction for the purpose of waste disposal, 3. owned or possessed the waste, or 4. controlled the waste's disposal regardless of whether it owned or possessed it.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

This appeal arises from a suit brought by Pilgrim Enterprises, Inc., and related entities *fn1 (collectively “Pilgrim”), and Jack Turk, and related entities and individuals (collectively “Turk”), *fn2 against R.R. Street & Co., Inc. (Street) to recover environmental cleanup costs and other damages incurred by Pilgrim and Turk at their respective dry-cleaning plants.

Street appeals the trial court’s judgment awarding Pilgrim $1.5 million under the Texas Solid Waste Disposal Act (SWDA). *fn3 In two issues, Street contends that (1) Street is not a “responsible party” as defined by SWDA, and (2) the trial court erred in denying Street a jury trial on Pilgrim’s SWDA claim. Further, Pilgrim and Turk appeal, contending the jury’s failure to find Street liable under various common law theories was against the great weight and preponderance of the evidence. Pilgrim also contends the trial court erred in granting Street’s motion for directed verdict on Pilgrim’s breach of fiduciary duty claim. For the reasons set forth below, we affirm in part, and we reverse and remand in part.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Go to Events Go to Webcasts
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
BANKRUPTCY & COMMERCIAL LITIGATION ASSOCIATE

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements