· 9/13/1990
Channel Master Satellite, Systems, Inc. v. JFD Electronics Corp.
Citations
- 748 F. Supp. 373
- 21 Envtl. L. Rep. (Envtl. Law Inst.) 20297
- 32 ERC (BNA) 1041
- 1990 U.S. Dist. LEXIS 13408
- 1990 WL 153233
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that testimony of an expert which is outside his area of expertise is excludable under Rule 702
- “The court notes that there is no statutory language in the CERCLA statute which supports such an argument”
- both holding that the Ninth Circuit rulings are “tied to narrow facts” and are “not broad holdings.” (emphasis in original)
- “[T]he plaintiff bears the burden of proof to establish, as an essential element for recovery that, inter alia, the response costs for which it seeks compensation were ‘consistent’ with the NCP.”
- “In General Electric, for example, the cleanup site in question was discussed in at least three public meetings of the [the state environmental agency], of which prior public notice was given” (emphasis original)
- “absence of a proper RI/FS defeats a claim of compliance with the NCP”
Source: CourtListener parenthetical corpus (CC0).
Judges: James C. Fox
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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