Wilcox Ex Rel. Estate of Wilcox v. Homestake Mining Co.

McKAY, Circuit Judge.

In this action brought under the Price-Anderson Act, 42 U.S.C. § 2210, we must decide whether Plaintiffs alleging they suffered cancer due to exposure to radiation from Defendants’ uranium mill have made a sufficient showing of causation under New Mexico law to survive summary judgment. We first determine the test for causation in this context, then evaluate whether the evidence submitted by Plaintiffs was sufficient to satisfy this test for summary judgment purposes.

This action was originally brought by several plaintiffs who alleged they or the decedents they…