STOCKTON EAST WATER DISTRICT, CENTRAL SAN JOAQUIN WATER DISTRICT, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON, and CALIFORNIA WATER SERVICE COMPANY v. THE UNITED STATES
(04-541L)
Contracts; breach of contract; summary judgment; takings; Central Valley Project Improvement Act, Pub. L. No. 102-575, tit. XXXIV, 106 Stat. 4600, 4706-31 (1992) (the "CVPIA"); third-party beneficiary; sovereign acts doctrine; waiver of defense; unmistakability doctrine; contract interpretation - plain meaning and ambiguity; parol evidence rule
Signed by Judge Miller, C..
Causation; Certainty;
Damages;
Foreseeability;
Mitigation; Nuclear Waste Policy Act, 42 U.S.C. § § 10101, et
seq.;
RESTATEMENT (FIRST) OF CONTRACTS § 329;
RESTATEMENT (SECOND) OF CONTRACTS § § 152, 351(1), (2);
RESTATEMENT (SECOND) OF JUDGMENTS; § 26(1)(a), (b); FED. R. EVID. 702; 10 C.F.R. § 961.11
Signed by Judge Braden.
Causation; Certainty;
Damages;
Foreseeability;
Mitigation; Nuclear Waste Policy Act, 42 U.S.C. § § 10101, et
seq.;
RESTATEMENT (FIRST) OF CONTRACTS § 329;
RESTATEMENT (SECOND) OF CONTRACTS § § 152, 351(1), (2);
RESTATEMENT (SECOND) OF JUDGMENTS; § 26(1)(a), (b); FED. R. EVID. 702; 10 C.F.R. § 961.11
Signed by Judge Braden.