Tamia Banks, et al. v. Cotter Corporation, et al.

The Price Anderson Act, 42 U.S.C. § 2210 et seq., amended the Atomic Energy Act, 42 U.S.C. § 2011 et seq, to provide certain federal licensees with a system of private insurance, government indemnification, and limited liability for claims of “public liability” defined in pertinent part as “any legal liability arising out of or resulting from a nuclear incident”. El Paso Nat. Gas Co. v. Neztsosie, 526 U.S. 473, 119 S. Ct. 1430, 143 L. Ed. 2d 635 (1999) (citing 42 U.S.C. § 2014(w)). As Justice Gorsuch found: “[t]he presence of a nuclear incident is the hallmark of a public liability action.” Cook v. Rockwell Int'l Corp., 618 F.3d 1127, 1140 (10th Cir. 2010). The first question presented is whether there has been a “nuclear incident” such that the Price Anderson Act is applicable and provides original jurisdiction when the Congressional compensation mechanism provided by the Price Anderson Act is not implicated by the conduct giving rise to a Plaintiff’s claims. 28 U.S.C. § 1291 provides United States Courts of Appeals with jurisdiction to hear appeals from all final decisions of the district courts of the United States. The second question presented is whether an order by a federal district court severing a primary claim from a related contribution claim, remanding the primary claim to state court, and keeping federal jurisdiction over the contribution claim constitutes a “final decision” under 28 U.S.C. § 1291.