· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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