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.