· 8/17/1998
Costner v. URS Consultants, Inc.
Citations
- 153 F.3d 667
- 1998 WL 477084
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that a lawsuit is not a \challenge\ under § 113(h) if it \would not involve altering the terms of [a] cleanup order\ and \would result only in financial penalties\ (citation omitted)
- discussing analogue administrative proceedings bar in the Federal False Claims Act and describing it as a “jurisdictional bar”
- considering potential applicability of bar where relators filed qui tam action following 25 “previous suits and administrative proceedings in which the government has participated”
- distinguishing between claims made against government funds and claims made against private funds
- “Regarding the ‘same claims or causes of action’ element of claim preclusion, we have stated that whether a second lawsuit is precluded turns on whether its claims arise out of the ‘same nucleus of operative facts as the prior claim.’ ”
- “[W]hether a second lawsuit is precluded turns on whether its claims arise out of the ‘same nucleus of operative facts as the prior claim.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Murphy, Doty
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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