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· 4/24/2014

Lockheed Martin Corporation v. United States

Citations

  • 35 F. Supp. 3d 92
  • 2014 WL 1647147
  • 79 ERC (BNA) 1311
  • 2014 U.S. Dist. LEXIS 56927

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining court has “broad discretion” to make allocation determinations in CERCLA context and “the predominant concern in equity is the intent of the parties”
  • “Lockheed indirectly recovered through U.S.-government contracts the lion’s share of its past response costs at the Sites, plus a profit.”
  • “Even assuming that FMC remains good law in the wake of Bestfoods, this case does not present the pervasive levels of control exhibited in FMC and other World War II cases.”
  • operations in performance of government contracts or subcontracts and the government’s pervasive influence over the general activities at a. site does not alone make the government an operator under CERCLA
  • equitable allocation accounted for the extent of the government control over plant operations, which did \not present the pervasive levels of control exhibited in FMC and the other World War II cases\
  • discussing court’s discretion to allocate contribution in CERCLA context

Source: CourtListener parenthetical corpus (CC0).

Judges: Judge Ellen S. Huvelle

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.