Kennedy v. Southern California Edison Co.

MICHAEL DALY HAWKINS, Circuit Judge:

This appeal requires us to examine California tort and products liability law as made specifically applicable to actions in federal court for claims of injury arising out of nuclear power plant incidents. Specifically, we must decide whether the district court erred in (1) refusing to give a jury instruction under Rutherford v. Owens-Illinois, Inc., 16 Cal.4th 953, 67 Cal.Rptr.2d 16, 941 P.2d 1203 (1997), in a ease involving a single defendant who raises alternative possible sources of the injury as a defense; and (2) dismissing claims under California…