· 12/13/1988
Lawrence C. Bieneman v. City of Chicago
Citations
- 864 F.2d 463
- 12 Fed. R. Serv. 3d 807
- 1988 U.S. App. LEXIS 17754
- 1988 WL 141125
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “regulation” is preempted but allowing limited claims for damages
- aligning the limitations period for claims brought directly under the Constitution with the limitations period for § 1983 claims
- overruling Luedtke to the extent it holds that damages are preempted, but distinguishing damages from “regulation”
- allowing common law remedies for “operations that offend federal law, or that federal norms do not govern”
- finding conflict among class members in airport-noise case because increased operations at airport “make the area attractive for business and may increase the value of land, even as they make land less attractive for residential purposes.”
- referring to the savings clause
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Coffey, Easterbrook
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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