{ Banner Image }
Search this blog

Subscribe for updates
RSSSubscribe to this blog's feed
TwitterFollow us on Twitter

Recent Posts

Blog editor

Blog Contributors

Archives

Showing 1 post in Florida.

Eleventh Circuit Finds CERCLA’s Discovery Tolling Provision Does Not Apply to Personal Injury Claims Subject to the Price-Anderson Act
Posted on September 3, 2020

Earlier this week the Eleventh Circuit issued a published decision in Pinares v. United Technology Corporation, No. 18-15104, slip op. (11th Cir. Aug. 31, 2020), affirming the United States District Court for the Southern District of Florida’s grant of summary judgment in favor of Pratt & Whitney, dismissing the plaintiffs’ claims as time-barred. In doing so, the Court held that the personal injury tolling provision in the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) does not apply to public liability actions brought pursuant to the Price-Anderson Act (“PAA”) or to claims styled under state law based on injuries from radiation exposure. Thus, the lawsuit pursued by Joselyn and Steve Santiago alleging that Pratt & Whitney was liable for their deceased daughter Cynthia Santiago’s cancer was time barred. Read More »