Legal Opinion

City of New York v. Exxon Corp.

Court of Appeals for the Second Circuit

Decided May 2, 1991No. 179, Docket 90-7360PublishedCited by 96 opinions

1Opinion of the Court

WALKER, Circuit Judge:

In this appeal from a grant of partial summary judgment in favor of the City of New York (“the City”) in its recovery and damage action under CERCLA against defendant Refinemet International, Inc. for certain environmental violations, we must decide two issues: (1) whether the action is barred by 11 U.S.C. § 362(a), which automatically stays litigation of claims against a debtor which were or could have been commenced before the filing of a debtor’s bankruptcy action, and (2) whether the court properly enjoined further litigation of the City’s claim in Refinemet’s…

2Cases cited11 opinions

  1. Liberty Mutual Insurance v. WetzelSupreme Court of the United States · 1976
  2. William Gluckin & Co., Inc. v. International Playtex CorporationCourt of Appeals for the Second Circuit · 1969
  3. United States v. Nicolet, Inc. And Turner and Newall, Plc v. Turner & Newall Plc. Appeal of Nicolet, Inc. Appeal of Turner & Newall PlcCourt of Appeals for the Third Circuit · 1988
  4. United States v. Johns-Manville Corp. (In Re Johns-Manville Corp.)District Court, S.D. New York · 1986
  5. City of New York v. Exxon Corp.District Court, S.D. New York · 1988

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3Cited by96 opinions

  1. Lockyer v. Mirant Corp.Court of Appeals for the Ninth Circuit · 2005
  2. California v. Atlantic Richfield Co. (In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation)Court of Appeals for the Second Circuit · 2007
  3. Citigroup Inc. v. City Holding Co.District Court, S.D. New York · 2000
  4. Securities and Exchange Commission v. Robert E. BrennanCourt of Appeals for the Second Circuit · 2000
  5. Ontel Products, Inc. v. Project Strategies Corp.District Court, S.D. New York · 1995

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