Legal Opinion
Entergy Nuclear Fitzpatrick, LLC. v. United States
Court of Appeals for the Federal Circuit
Decided April 2, 2013No. 2012-5059PublishedCited by 19 opinions
1Opinion of the Court
RADER, Chief Judge.
This interlocutory appeal is the latest in a line of attempts by the government to raise the “unavoidable delays” defense in breach of contract actions stemming from its failure to accept Spent Nuclear Fuel (SNF) from the nation’s nuclear utilities. In a combination of two decisions, the United States Court of Federal Claims struck the government’s affirmative defense. Entergy Nuclear FitzPatrick, LLC v. United States, 93 Fed.Cl. 739, 745-46 (2010) (Entergy FitzPatrick I); Entergy Nuclear FitzPatrick, LLC v. United States, 101 Fed.Cl. 464, 472-74 (2011) (Entergy FitzPatrick…
2Cases cited10 opinions
- Yuba Natural Resources, Inc. v. The United States, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1990
- Northern States Power Co. v. United States Department of EnergyCourt of Appeals for the D.C. Circuit · 1997
- Yankee Atomic Electric Co. v. United StatesCourt of Appeals for the Federal Circuit · 2008
- Texas American Oil Corporation v. United States Department of EnergyCourt of Appeals for the Federal Circuit · 1995
- 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
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Canpro Investments, Ltd v. United StatesUnited States Court of Federal Claims · 2017
- Hardy v. United StatesUnited States Court of Federal Claims · 2016
- Shell Oil Company v. United StatesUnited States Court of Federal Claims · 2015
- Hardy v. United StatesUnited States Court of Federal Claims · 2017
- Council for Tribal Employment Rights v. United StatesUnited States Court of Federal Claims · 2013
14 more not listed; retrieve them via the Exa API.