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· 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 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.