Supreme Court of the United States · Official docket →
Michelle McMunn, Personal Representative of the Estate of Eva Myers, et al. v. Babcock & Wilcox Power Generation Group, Inc., et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 15-3506 · judgment August 23, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether limits on radioactive emissions measured at the point of discharge, imposed by the AEC as a license condition pursuant to its regulatory authority, give rise to an enforceable federal standard of care for purposes of the duty element of a public liability action under the Price-Anderson Act.
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Whether a purported state law causation standard which imposes an insurmountable burden to establish liability for injury from operation of a nuclear materials plant is inconsistent with the Price-Anderson Act.
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Whether a Court of Appeals may apply de novo review to overrule a District Court’s decision to allow expert testimony.
Counsel of record
For petitioner
David Bennet Rodes
Goldberg, Persky & White, P.C.
For respondent
Stephen Blake Kinnaird
Paul Hastings LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 20 2018Petition DENIED.
- Jan 17 2018DISTRIBUTED for Conference of 2/16/2018.
- Jan 09 2018Waiver of right of respondents Babcock & Wilcox Power Generation Group, Inc., et al. to respond filed.
- Jan 09 2018Waiver of right of respondent Atlantic Richfield Company to respond filed.
- Dec 20 2017Petition for a writ of certiorari filed. (Response due January 25, 2018)