This section contains the nature of the case and procedural background.

Cash Energy (P) sued Weiner (D) in that D's corporations engaged in the storage and transfer of chemical solvents on a site adjacent to P's property and that this activity caused an environmental cleanup problem on P's land. P sued the corporations and four individual corporate officers under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The trial judge ruled that ordinarily corporate officers were not liable for the corporate act and that for P to prevail, he must show that each party actively participated in the relevant tortious conduct and that they cannot merely sue based on notice pleading. P appealed.

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