Legal Opinion

McMunn v. Babcock & Wilcox Power Generation Group, Inc.

Court of Appeals for the Third Circuit

Decided August 23, 2017No. 15-3506, 15-3507, 15-3508, 15-3509, 15-3510, 15-3511, 15-3512, 15-3513, 15-3514, 15-3515, 15-3564, 15-3639, 15-3640, 15-3641, 15-3642, 15-3643, 15-3644, 15-3645, 15-3646, 15-3647, 15-3648, 15-3649, 15-3650, 15-3651, 15-3652, 15-3653, 15-3654, 15-3655, 15-3656, 15-3657, 15-3658, 15-3659, 15-3660, 15-4075, 15-4076, 15-4077, 15-4078, 16-1694, & 16-1965PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

SMITH, Chief Judge,

joined by RESTREPO, Circuit Judge, who also joins in the Concurrence.

Plaintiffs assert that they developed cancer1 after being exposed to excessive *251radiation emissions from the Nuclear Material and Equipment Company (“NU-MEC”) facility in Apollo, Pennsylvania (the “Apollo facility”). Plaintiffs do not challenge the District Court’s conclusions that their common-law claims against Defendants2 were preempted by the Price-Anderson Act and that only their Price-Anderson “public liability” claims are at issue in this appeal. Although the Price-Anderson Act…

2Cases cited53 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  3. Auer v. RobbinsSupreme Court of the United States · 1997
  4. In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
  5. Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980

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3Cited by24 opinions

  1. Fleming Steel Co. v. Jacobs Eng'g Grp., Inc.District Court, W.D. Pennsylvania · 2019
  2. Butler v. Mallinckrodt LLCDistrict Court, E.D. Missouri · 2022
  3. Butler v. Mallinckrodt LLCDistrict Court, E.D. Missouri · 2022
  4. Cooper v. MillerDistrict Court, M.D. Pennsylvania · 2022
  5. ECB USA, Inc. v. Savencia, S.A.District Court, D. Delaware · 2024

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