(36) Furthermore, SARA established the right of potentially responsible parties ("PRP"s) to seek contribution from other PRPs, thus opening the door for third party interpleading
. (37) Just as the scope and term of CERCLA's applicability expanded to match the unanticipated gravity of the nation's pollution situation, so too the nature of CERCLA liability began to expand.
a discharge of liability to the competing claimants by interpleading
Moreover, courts have held that the duty to defend "precludes an insurer from interpleading
its policy limits and walking away from the defense of its insured, at either the trial or appellate level."
(63) But the statute might undercut the bailee's immunity more deeply if (as appears, for example, to be the case under the English statute) (64) the statute also precludes the bailee from interpleading
. It might be questioned whether the drafters either intended or should have intended to seal off this efficient and commonplace exit strategy.
Nevertheless, at least one court has sustained interpleaders on the basis that the interpleading
plaintiff has received a restraining notice.
Further, he had not heard of interpleading
being allowed in a suit at
and Green Technology Solutions LLC: Plaintiff seeks court-ordered interpleading
or litigation between defendants regarding competing claims for $100,000 in earnest money.
Commentators have proposed a host of different strategies for practitioners to "reasonably consider" Medicare's interests, including (1) interpleading
an estimated amount of Medicare's recovery entitlement; (2) characterizing the nature of the settlement proceeds as compensating noneconomic losses; (3) seeking compromise with CMS; (4) waiting for an initial CMS demand letter; (5) specifying the party responsible for satisfying the Medicare reimbursement; (6) seeking declaratory relief; and (7) endorsing Medicare and the beneficiary as payees on the settlement proceeds.
(98) Chase filed a federal interpleader action interpleading
the Herstatt account.
But if there is a dispute about whether the money is owed, and the dispute cannot be re*** *** between the client and third party, the attorney must disburse and account for all funds or property not in dispute and consider interpleading
the disputed monies or property into the registry of the court for judicial resolution.