Lockheed Martin Corporation owned an aluminum refinery in St. Croix, Virgin Islands, that produced hazardous waste. Lockheed
Question:
Lockheed Martin Corporation owned an aluminum refinery in St. Croix, Virgin Islands, that produced hazardous waste. Lockheed sold the refinery to Glencore Ltd. Their contract provided that Glencore would indemnify Lockheed for “pre-closing” environmental conditions. Alcoa World Alumina, LLC, bought the refinery from Glencore. Their contract stated that the buyer assumed only certain liabilities, including those relating to two specific contracts. Glencore’s contract with Lockheed was not on the list. A decade later, the government of the Virgin Islands brought actions against the current and former owners of the refinery to recover for environmental damage. In a settlement, Lockheed agreed to pay for certain remediation costs. Lockheed then filed a suit against Glencore to recover costs related to the settlement. Does Alcoa have to indemnify Glencore for costs related to Lockheed’s suit? Why or why not? [Alcoa World Alumina 677 F.Supp.2d 229 LLC v. Glencore, Ltd., 2016 WL 521193 (Del.Super.Ct. 2016)] (See Purchase of Assets.)
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Business Law Text And Cases
ISBN: 9780357129630
15th Edition
Authors: Kenneth W. Clarkson, Roger LeRoy Miller