Legal Opinion
City of Lowell v. ENEL NORTH AMERICA, INC.
District Court, D. Massachusetts
Decided March 8, 2011No. Civil Action 10-10359-NMGPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM & ORDER
GORTON, District Judge.
The City of Lowell (“the City”) brings suit against ENEL North America, Inc. (“ENEL”) for breach of contract and a declaratory judgment. Before the Court are ENEL’s motion to dismiss or, in the alternative, for summary judgment and the City’s motion to amend the complaint.
I. Factual Background
This dispute concerns the installation of flashboards above the Pawtucket Dam (“the Dam”) on the Merrimack River in Lowell, Massachusetts. Generally, the City claims that the five-foot-high flash-boards that have been installed on the Dam have caused and may…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Foman v. DavisSupreme Court of the United States · 1962
- Samuel Mesnick v. General Electric CompanyCourt of Appeals for the First Circuit · 1991
- Milissa Garside v. Osco Drug, Inc.Court of Appeals for the First Circuit · 1990
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jeff Simmons v. Sabine River Authority, etCourt of Appeals for the Fifth Circuit · 2013
- Otwell v. Alabama Power Co.District Court, N.D. Alabama · 2013
- PAXTON v. GEORGIA POWER COMPANYDistrict Court, M.D. Georgia · 2022
- PAXTON v. GEORGIA POWER COMPANYDistrict Court, M.D. Georgia · 2022