Opinion · Supreme Court of the United States
Alpha Wire Corp. v. Siegel
496 U.S. 906
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1990-06-04
- Topic
- general
How later courts describe this case
- stating that the majority of courts construe the term “suit” to include any attempt to gain an end by a legal process
- proceeding before industry board of contract appeal held to be a “suit” within the policy language
- refitting of city's buildings contaminated by asbestos, to make them safe, was measure of plaintiffs' property damage
- Interpreting New York contract law, the Court concluded that a letter from the Louisiana Department of Environmental Quality constituted a suit, as it was a formal demand for immediate action to clean up a hazardous waste site.
- affirming dismissal of a takings claim on a Rule 12(b)(6) motion, but noting "[i]t is significant that there are no allegations that all Moore's property was taken, or that he was denied all or substantially all of [the property's] economically viable use"
- a state environmental proceeding was “sufficiently adversarial to constitute a suit under New York law and within the meaning of the policy”
- the general rule adopted by “the overwhelming majority of courts” holds that violation of the professional conduct rules “does not give rise to a civil cause of action.”
- “a panel of this court may not overrule a decision of another panel.”
Citator
UpLaw has not yet analyzed Alpha Wire Corp. v. Siegel. The absence of a flag is not a finding that it is good law.
- Cited by
- 122 opinions
C. A. 3d Cir. Certiorari denied.