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In re: Triton Asset Leasing GmbH et al

MEMORANDUM of the United States, Appearing Specially and Not Generally, in Support of Opposed Motion to Lift or Modify the Court's Amended Monition as to Certain Claims and Causes of Action re: [88] MOTION to Lift Stay

49 Cited authorities

  1. Southern Scrap Material Co. v. Abc Insurance

    541 F.3d 584 (5th Cir. 2008)   Cited 422 times
    Holding that the “standard simply calls for enough fact to raise a reasonable expectation that discovery will reveal evidence of the necessary claims or elements”

  2. Certiorari Denied

    535 U.S. 955 (2002)   Cited 51 times
    Holding that a reasonable person would not feel free to leave when, after defendant sought to leave the area, one officer directed another officer to stop him and the officers asked him to produce identification

  3. Lake Tankers Corp. v. Henn

    354 U.S. 147 (1957)   Cited 192 times
    Holding that "[t]he Act is not one of immunity from liability but of limitation of it," which does not include any other privileges, such as exoneration

  4. Kottle v. Northwest Kidney Centers

    525 U.S. 1140 (1999)   Cited 21 times
    Asserting that Casey's undue burden test must be applied to facial challenges to abortion restrictions

  5. Tug Allie-B, Inc. v. U.S.

    273 F.3d 936 (11th Cir. 2001)   Cited 47 times
    Holding that the Limitation Act does not apply to claims brought under the Park System Resource Protection Act

  6. In re Glacier Bay

    944 F.2d 577 (9th Cir. 1991)   Cited 40 times
    Holding that the phrase "notwithstanding . . . any other law" did not settle the express repeal question, when other laws were incorporated by reference

  7. Bouchard Transportation Company v. Updegraff

    147 F.3d 1344 (11th Cir. 1998)   Cited 28 times
    In Bouchard Transp. Co., Inc. v. Updegraff, 147 F.3d 1344 (11th Cir.1998), the Eleventh Circuit found that the State of Florida was not entitled to Eleventh Amendment sovereign immunity from a limitation of liability proceeding initiated by vessel owners, in which the State had filed various oil pollution claims under state and federal law.

  8. In Matter of Metlife Capital Corp.

    132 F.3d 818 (1st Cir. 1997)   Cited 28 times
    Holding that the Limitation Act does not apply to claims brought under the Oil Pollution Act

  9. University of Tex. Med. Branch v. U.S.

    557 F.2d 438 (5th Cir. 1977)   Cited 52 times
    Agreeing with commentary from 1957 that the Limitation Act “has been due for a general overhaul for the past seventy-five years; seventy-five years from now that statement will be still true, except that the overhaul will then be one hundred and fifty years overdue”

  10. Matter of Oswego Barge Corp.

    664 F.2d 327 (2d Cir. 1981)   Cited 44 times
    Holding that statutory terms preempting judge-made law are necessary as evidence of Congressional intent

  11. Section 9601 - Definitions

    42 U.S.C. § 9601   Cited 4,274 times   132 Legal Analyses
    Adopting the definition of “disposal” contained in the Solid Waste Disposal Act

  12. Section 1251 - Congressional declaration of goals and policy

    33 U.S.C. § 1251   Cited 3,551 times   62 Legal Analyses
    Designating the Administrator of the EPA to "administer this chapter"

  13. Section 9607 - Liability

    42 U.S.C. § 9607   Cited 3,269 times   64 Legal Analyses
    Holding certain listed persons strictly "liable" for specified cleanup costs

  14. Section 2461 - Mode of recovery

    28 U.S.C. § 2461   Cited 3,184 times   25 Legal Analyses
    Authorizing criminal forfeiture where civil forfeiture is permitted in connection with a criminal offense

  15. Section 6901 - Congressional findings

    42 U.S.C. § 6901   Cited 1,283 times   26 Legal Analyses
    Noting the "rising tide of scrap, discarded, and waste materials"

  16. Section 1319 - Enforcement

    33 U.S.C. § 1319   Cited 1,159 times   18 Legal Analyses
    Providing judicial review to "[a]ny person against whom a civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty"

  17. Section 1540 - Penalties and enforcement

    16 U.S.C. § 1540   Cited 995 times   12 Legal Analyses
    Requiring such notice

  18. Section 30501 - Definitions

    46 U.S.C. § 30501   Cited 778 times   9 Legal Analyses

    In this chapter: (1) COVERED SMALL PASSENGER VESSEL.-The term "covered small passenger vessel"- (A) means a small passenger vessel, as defined in section 2101, that is- (i) not a wing-in-ground craft; and (ii) carrying- (I) not more than 49 passengers on an overnight domestic voyage; and (II) not more than 150 passengers on any voyage that is not an overnight domestic voyage; and (B) includes any wooden vessel constructed prior to March 11, 1996, carrying at least 1 passenger for hire. (2) OWNER

  19. Section 7413 - Federal enforcement

    42 U.S.C. § 7413   Cited 563 times   17 Legal Analyses
    Granting the Administrator discretion to extend the ambient air quality standard attainment date set in the 1977 Act by up to three years for steelmaking facilities

  20. Section 1321 - Oil and hazardous substance liability

    33 U.S.C. § 1321   Cited 536 times   14 Legal Analyses
    Granting the President authority to "remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time"