Legal Opinion
Entergy Nuclear Fitzpatrick, LLC v. United States
United States Court of Federal Claims
Decided August 3, 2010No. 03-2627 CPublishedCited by 14 opinions
1Opinion of the Court
OPINION AND ORDER
DAMICH, Judge.
Before the court in this Spent Nuclear Fuel (“SNF”) case is the Plaintiffs’ motion to strike Defendant’s first affirmative defense, pursuant to Rule 12(f) of the Rules of the Court of Federal Claims (“RCFC”). Plaintiffs move the court to strike the defense of “unavoidable delays” because Defendant (“the Government”) cannot present such a defense without violating the writ of mandamus issued in Northern States Power Co. v. U.S. Dep’t of Energy, 128 F.3d 754 (D.C.Cir.1997) (“Northern States I”) and given res judicata effect in this court in Nebraska Public Power…
2Cases cited36 opinions
- A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
- Karen Renee Augustus, a Minor, by Charles A. Augustus, Her Father, and Next Friend v. The Board of Public Instruction of Escambia County, FloridaCourt of Appeals for the Fifth Circuit · 1962
- Brown & Williamson Tobacco Corp. v. United StatesCourt of Appeals for the Sixth Circuit · 1953
- Northern States Power Co. v. United States Department of EnergyCourt of Appeals for the D.C. Circuit · 1997
- Indiana Michigan Power Company v. Department of Energy and United States of America, Northern States Power Company (Minnesota), IntervenorsCourt of Appeals for the D.C. Circuit · 1996
31 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Haggart v. United StatesUnited States Court of Federal Claims · 2012
- Entergy Nuclear Fitzpatrick, LLC. v. United StatesCourt of Appeals for the Federal Circuit · 2013
- Riser v. United StatesUnited States Court of Federal Claims · 2011
- Shell Oil Company v. United StatesUnited States Court of Federal Claims · 2015
- Council for Tribal Employment Rights v. United StatesUnited States Court of Federal Claims · 2013
9 more not listed; retrieve them via the Exa API.