JAMES MATTHEWS AND JENNIFER BROWNFIELD CLARK, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; JOANNE ROSS, PARENT AND NATURAL GUARDIAN OF ESTATE OF A.R., A DECEASED MINOR, AND INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. CENTRUS ENERGY CORP.; UNITED STATES ENRICHMENT CORPORATION; URANIUM DISPOSITION SERVICES, LLC; BWXT CONVERSION SERVICES, LLC; MID-AMERICA CONVERSION SERVICES, LLC; BECHTEL JACOBS COMPANY, LLC; LATA/PARALLAX PORTSMOUTH, LLC; FLUOR-BWXT PORTSMOUTH, LLC - Articles

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JAMES MATTHEWS AND JENNIFER BROWNFIELD CLARK, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; JOANNE ROSS, PARENT AND NATURAL GUARDIAN OF ESTATE OF A.R., A DECEASED MINOR, AND INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. CENTRUS ENERGY CORP.; UNITED STATES ENRICHMENT CORPORATION; URANIUM DISPOSITION SERVICES, LLC; BWXT CONVERSION SERVICES, LLC; MID-AMERICA CONVERSION SERVICES, LLC; BECHTEL JACOBS COMPANY, LLC; LATA/PARALLAX PORTSMOUTH, LLC; FLUOR-BWXT PORTSMOUTH, LLC

Posted by: Karen Belcher on Oct 6, 2021

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Kelsey J. Reno, VILLARREAL LAW FIRM, LLC, Chillicothe, Ohio, for Appellants.

Attorneys 2: ON BRIEF: Richard D. Schuster, VORYS, SATER, SEYMOUR AND PEASE, LLP, Columbus, Ohio, Jacob D. Mahle, Jessica K. Baverman, VORYS, SATER, SEYMOUR AND PEASE, LLP, Cincinnati, Ohio, for Appellees.

Judge(s): STRANCH, BUSH, and READLER, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Southern District of Ohio at Columbus

CHAD A. READLER, Circuit Judge. Plaintiffs believe they have been exposed to radioactive material released by a nuclear plant in Ohio. In an attempt to recover for harms that exposure allegedly caused, they asserted state law claims in state court against entities involved in the plant’s operations. The entities in turn removed the action to federal court and then argued that the Price-Anderson Act, which governs “any public liability action arising out of or resulting from a nuclear incident,” 42 U.S.C. § 2210(n)(2), preempts plaintiffs’ claims. The district court agreed and, because plaintiffs disavowed any theory of recovery under the Act, dismissed the case. We now affirm.

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