Halbrook v. Mallinckrodt, LLC, No. 17-1452 (8th Cir. 2018)
Annotate this CasePlaintiff filed suit against defendants, asserting wrongful death claims under the public liability provision of the Price-Anderson Nuclear Industries Indemnity Act, alleging exposure to nuclear radiation during World War II and the Cold War. The district court granted defendants' motion to dismiss claims brought on behalf of persons who passed away more than three years prior to the filing of suit. The Eighth Circuit affirmed, holding that the claims were untimely under Missouri's statute of limitations, Mo. Rev. Statutes Section 537.100, which did not permit tolling. The court also held that, to the extent equitable estoppel due to fraudulent concealment might be permitted under Missouri law, plaintiffs failed to raise the issue of fraudulent concealment in the district court. Finally, the provisions in the Comprehensive Environmental Response, Compensation, and Liability Act governing actions brought under state law were inapplicable to the present claims.
Court Description: Melloy, Author, with Gruender and Shepherd, Circuit Judges] Civil case - Price-Anderson Nuclear Industries Indemnity Act. In this wrongful-death action alleging exposure to nuclear radiation during World War II and the Cold War at various St. Louis sites, the district court did not err in finding the claims were untimely under Missouri's statute of limitations, Mo. Rev. Statutes Section 537.100, which does not permit tolling; to the extent equitable estoppel due to fraudulent concealment might be permitted under Missouri law, plaintiffs did not raise the issue of fraudulent concealment in the district court; the district court correctly rejected plaintiffs' argument that the CERCLA's claim-accrual provision saved the matter because that provision applies only to claims brought under state law; here, Congress created a federal cause of action for public-liability claims concerning nuclear incidents, and the action is one arising under federal, rather than state, law.
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