Kitchin v. Bridgeton Landfill, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JOHN C. KITCHIN, JR., et al., ) on behalf of themselves and all others ) similarly situated, ) ) Plaintiffs, ) ) v. ) No. 4:18 CV 672 CDP ) BRIDGETON LANDFILL, LLC, ) et al., ) ) Defendants. ) MEMORANDUM AND ORDER This Order grants defendants’ motions to dismiss because I conclude plaintiffs’ claims arise out of a nuclear incident and so are preempted by the Price- Anderson Act. I will withhold entering a final order of dismissal, however, to give plaintiffs the opportunity to move to amend their complaint. In the…