Fmc Corporation v. Aero Industries, Inc. (1993)
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· 104 citation events
across 26 courts.
Showing the 33 strongest citers on record
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Key Tronic Corp. v. United States (1994)
As the Tenth Circuit observed, the American rule set out in Alyeska does not govern such fees "because they are not incurred in pursuing litigation." FMC Corp. v. Aero Industries, Inc. , 998 F. 2d 842, 847 (1993).
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Tosco Corp. v. Koch Industries, Inc. (2000)
FMC Corp., 998 F.2d at 847.
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Tosco Corporation v. Koch Industries (2000)
FMC Corp., 998 F.2d at 847. 19 Koch complains the district court erred by allocating remediation costs based solely on the duration of Refinery operations under Koch's ownership relative to the thirty-seven-year period between 1946 and 1983.
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Tosco Corporation v. Sun Company, Inc. (2000)
FMC Corp., 998 F.2d at 847. 17 Koch complains the district court erred by allocating remediation costs based solely on Koch's relative duration of Refinery ownership during the thirty-seven-year period between 1946 and 1983.
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Young v. United States (2005)
To establish a prima facie case under § 107(a), a plaintiff must prove (1) the site is a facility, (2) defendant is a responsible person, (3) the release or threatened release of a hazardous substance has occurred, and (4) the release or threatened release caused the plaintiff to incur necessary response costs consistent with the National Contingency Plan (NCP). 3 FMC, 998 F.2d at 845.
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Chris Boulahanis, Edward C. Vanduyne, Jamie R. Burton v. Board of Regents, a Body Politic and Corporate, Illi… (1999)
Bd. of Agric., 998 F.2d 842, 828 (10th Cir. 1993); Cohen v. Brown Univ., 991 F.2d 888, 897-98 (1st Cir. 1993)). 6 In order to effectively accommodate the athletic interests of both male and female students, the University had three options under the policy interpretations of Title IX promulgated by the Office of Civil Rights: (1) provide participation opportunities for men and women that are substantially proportionate to their respective rates of enrollment as full-time und…
Corp., 53 F.3d 930, 937 (8th Cir.1995); Witco Corp. v. Beekhuis, 38 F.3d 682, 692 (3d Cir.1994); FMC Corp. v. Aero Industries, Inc., 998 F.2d 842, 846 (10th Cir.1993); United States v. Northeastern Pharmaceutical & Chemical Co., supra, 810 F.2d at 743 .
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Lampkin v. International Union (1998)
FMC Corp. v. Aero Industries, Inc., 998 F.2d 842, 845 (10th Cir.1993). 52 The unions argue that they construed the amendment to the pretrial order as simply saying that it was a legal issue for the district judge to decide whether the procedure described in the amendment should be followed.
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Lampkin v. International Union, United Automobile, Aerospace & Agricultural Implement Workers (1998)
FMC Corp. v. Aero Industries, Inc., 998 F.2d 842, 845 (10th Cir.1993).
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Atlantic Richfield Co. v. American Airlines, Inc. (1996)
The court simply ruled litigation fees were not recoverable while nonliti-gation fees necessary to the cleanup were recoverable. 998 F.2d at 847.
The court simply ruled litigation fees were not recoverable while nonlitigation fees necessary to the cleanup were recoverable. 998 F.2d at 847.
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Control Data Corporation, a Delaware Corporation v. S.C.S.C. Corp., a Minnesota Corporation Schloff Chemicals… (1995)
Fees such as these are recoverable "because they are not incurred in pursuing litigation," Key Tronic, --- U.S. at ----, 114 S.Ct. at 1967 (quoting FMC Corp. v. Aero Industries, Inc., 998 F.2d 842, 847 (10th Cir.1993)), and "benefit[ ] the entire cleanup effort and serve[ ] a statutory purpose apart from the reallocation of costs." Ibid.
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Control Data Corp. v. S.C.S.C. Corp. (1995)
Fees such as these are recoverable "because they are not incurred in pursuing litigation,” Key Tronic,-U.S. at-, 114 S.Ct. at 1967 (quoting FMC Corp. v. Aero Industries, Inc., 998 F.2d 842, 847 (10th Cir.1993)), and "benefit[ ] the entire cleanup effort and serve[ ] a statutory purpose apart from ’the reallocation of costs." Ibid.
“A district court has considerable discretion in apportioning equitable shares of response costs.” FMC Corp. v. Aero Indus., Inc., 998 F.2d 842, 846 (10th Cir.1993).
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United States v. Power Engineering Co. (2000)
Lansford-Coaldale, 4 F.3d at 1221 ; see also FMC, 998 F.2d at 846 (“Actual control and personal participation in the wrongful conduct clearly makes one an operator under CERCLA.”); U.S. v. Kayser-Roth Corp., 910 F.2d 24, 27 (1st Cir.1990) (holding that to be an operator, a parent corporation must, at a minimum, be actively involved in its subsidiary’s activities); Mathews v. Dow Chem.
“Actual control and personal participation in the wrongful conduct clearly makes one an operator under CERCLA.”
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Hatco Corp. v. W.R. Grace & Co.—Conn. (1994)
The Court adopts the Tenth Circuit’s view that nonlitigation attorneys’ fees may be recoverable if “neces-. sary to the containment and cleanup of hazardous releases.” Id. at 848. 79.
FMC Corp. v. Aero Industries, Inc., 998 F.2d 842, 846 (10th Cir. 1993).
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Northern States Power Co. v. City of Ashland (2015)
Corp., 53 F.3d 930, 937 (8th Cir.1995); Witco Corp. v. Beckhuis, 38 F.3d 682, 692 (3d Cir.1994); FMC Corp. v. Aero Industries, Inc., 998 F.2d 842, 846 (10th Cir.1993); United States v. Northeastern Pharmaceutical & Chemical Co., 810 F.2d 726, 743 (7th Cir.1986)).
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T & B LTD. INC. v. City of Chicago (2005)
Thus, CERCLA “encourages private parties to assume the financial responsibility of cleanup by allowing them to seek recovery from others.” Young, 394 F.3d at 862 (quoting FMC Corp. v. Aero Industries, Inc., 998 F.2d 842, 847 (10th Cir.1993)).
Ultimately, “[t]he court must balance the equities in light of the totality of the circumstances.” FMC Corp., 998 F.2d at 847.
FMC Corp. v. Aero Industries, Inc., 998 F.2d 842, 846 (10th Cir.1993); United States v. R.W.
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Greene v. Product Manufacturing Corp. (1993)
Id. at 848. *1324 FMC Corp. governs the court’s decision.
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Barton Solvents, Inc. v. Southwest Petro-Chem, Inc. (1993)
FMC Corp. v. Aero Industries, Inc., 998 F.2d 842, 847-48 (10th Cir.1993).
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Consolidated Edison Company of New York, Inc. v. Ugi Utilities, Inc., Docket No. 04-2409-Cv (2005)
See Syms v. Olin Corp., 408 F.3d 95 , 106 n. 8 (2d Cir.2005) (observing that “the combination of Cooper Industries and Bedford Affiliates ... would create a perverse incentive for PRPs to wait until they are sued before incurring response costs”). 10 This would undercut one of CERCLA’s main goals, “ ‘encouraging] private parties to assume the financial responsibility of cleanup by allowing them to seek recovery from others.’ ” Key Tronic Corp. v. United States, 511 U.S. 809 …
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Deere & Company v. Cabelka (2015)
See FMC Corp. v. Aero Indus., Inc., 998 F.2d 842 , 845 (10th Cir.1993) (holding that a party waived his right’ to a jury trial by signing the proposed pretrial *415 order designating the case for a nonjury trial); see also Lampkin v. Int’l Union, 154 F.3d 1136 , 1147 (10th Cir.1998) (“A party who stipulates in the pretrial order to submission of an issue to the court has waived the right to a jury determination of the issue.”).
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Acushnet v. Brittany (1999)
Accord FMC Corp. v. Aero Indus., Inc., 998 F.2d 842 , 846-47 (10th Cir. 1993); Environmental Transp.
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Acushnet Co. v. Mohasco Corp. (1999)
Accord FMC Corp. v. Aero Indus., Inc., 998 F.2d 842 , 846-47 (10th Cir.1993); Environmental Transp.
See id. at 847; United States v. R.W.
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Hull v. Feinstein (2002)
See, e.g., FMC Corp. v. Aero Indus., Inc., 998 F.2d 842 , 845 (10th Cir.1993) (holding that pro se party waived right to jury trial by signing pretrial order and participating in bench trial without objection); White v. McGinnis, 903 F.2d 699, 700 (9th Cir.1990) (holding that “knowing participation in a bench trial without objection constitutes waiver of a timely jury demand”). {10} In concluding that conduct may constitute waiver, the federal courts have rejected a formalis…
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State of NY v. Solvent Chemical Co., Inc. (1995)
See also, FMC Corp. v. Aero Industries, Inc., 998 F.2d 842, 846 (10th Cir.1993); United States v. Carolina Transformer Co., 978 F.2d 832, 836-37 (4th Cir.1992).
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Hatco Corp. v. W.R. Grace & Co.—Conn. (1994)
See also FMC Aero Indus., Inc., 998 F.2d 842 , 845 (10th Cir.1993) (after demanding jury trial in CERCLA cost recovery action, "party waived any right .. to a jury trial by signing the pretrial order [which stated that trial would be non-jury] and participating in the bench trial"); White v. McGinnis, 903 F.2d 699, 703 (9th Cir.) (en banc), cert. denied, 498 U.S. 903 , 111 S.Ct. 266 , 112 L.Ed.2d 223 (1990).
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City of New York v. Chemical Waste Disposal Corp. (1993)
Compare FMC Corporation v. Aero Industries, Inc., 998 F.2d 842 (10th Cir.1993) (holding the a party entitled to response costs under section 107(a)(4)(B) may not recover attorneys’ fees arising out of litigation to recover response costs); In re Hemingway Transport, Inc., 993 F.2d 915, 934 (1st Cir.1993) (same); Key Tronic Corp., 984 F.2d at 1027 (declining to award attorneys’ fees under section 107(a)(4)(B) of CERCLA); Stanton Road Associates, 984 F.2d at 1017-20 (same) wit…
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Cluster 2527
Edison v. UGI *89 Utils., Inc., 423 F.3d 90, 94 (2d Cir.2005) (second alteration in original) (internal quotation marks omitted); see also Key Tronic Corp. v. United States, 511 U.S. 809 , 819 n. 13, 114 S.Ct. 1960 , 128 L.Ed.2d 797 (1994) (“ ‘CERCLA is designed to encourage private parties to assume the financial responsibility of cleanup by allowing them to seek recovery from others.’ ” (quoting FMC Corp. v. Aero Indus., Inc., 998 F.2d 842 , 847 (10th Cir.1993))).