Lockheed says issue on appeal is whether PA waived immunity by filing federal suit over decommissioning

摘要

Lockheed Martin Corp. (LMC) filed with the U.S. Third Circuit Court of Appeals on Nov. 3 a concise summary of its appeal of a decision which held that Pennsylvania did not waive immunity when it filed a lawsuit against Lockheed in federal court with respect the commonwealth's claim of $20 million for reimbursement for decommissioning the Quehanna Nuclear Facility Site in Clearfield County, Pennsylvania. (See issue of Oct. 15,2010 P. 12.) U.S. Judge Sylvia H. Rambo of the Middle District of Pennsylvania held that the Commonwealth of Pennsylvania, through its Department of Environmental Protection, had waived its Eleventh Amendment immunity from suit by choosing to file its lawsuit in federal court, but that the waiver was limited only to those claims brought defensively in the nature of recoupment.