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 »

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In late July 2020, the United States District Court for the Southern District of Ohio granted in part and denied in part defendants’ motion to dismiss in a case involving releases of uranium radiation and other non-radioactive waste onto plaintiffs’ property. See Op. and Order, McGlone v. Centrus Energy Corp., et al., Case No. 2:19-cv-02196 (S.D. Ohio, July 31, 2020). Claims involving the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and the Price-Anderson Act and were dismissed for failing to state a claim, while most state law tort claims for releases of non-radioactive waste were permitted to move forward, the court clarifying that medical monitoring exists as a form of damages under Ohio law and not as a separate claim. Read More »

Share | Email| Comments|  Topics: CERCLA, Medical Monitoring, Negligence, Nuisance, Ohio, Price-Anderson Act, Remediation, Removal, Statute of Limitations, Superfund, Trespass