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· 2/19/1991

Brown v. City of Fort Lauderdale

Citations

  • 923 F.2d 1474
  • 1991 U.S. App. LEXIS 2563
  • 55 Empl. Prac. Dec. (CCH) 40,562
  • 55 Fair Empl. Prac. Cas. (BNA) 211
  • 1991 WL 10145

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that “[t]he relationship between environmental regulating agencies and those subject to regulation provides sufficient ‘contemplation’ of contingencies to bring most ultimately maturing payment obligations based on pre-petition conduct within the definition of ‘claims’
  • finding that claim for injunctive relief that would terminate or eliminate current wrongdoing was not dischargeable
  • distinguishing between injunction requiring cleanup for past pollution, which may give rise to alternative right to payment under CERCLA, and one enjoining future pollution, which provides no “option to accept payment in lieu of continued pollution”
  • \[R]esponse costs for post-petition remedial action [to clean up pre-petition release of hazardous wastes] qualify as administrative expenses.\
  • “We recognize that most environmental injunctions will fall on the non-‘claim’ side of the line.”
  • did the liability arise out of a prepetition relationship between the parties?

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark, Coffin, Hill

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.