Clock Ticking for Florida Family Alleging Radiation Exposure Caused Teen's Cancer
The appellate panel must decide how two different federal laws should intersect.
April 01, 2020 at 02:49 PM
3 minute read
A federal wrongful death lawsuit alleging exposure to radiation from nuclear materials caused a South Florida teenager's brain cancer had its moment before the U.S. Court of Appeals for the Eleventh Circuit on Wednesday as attorneys debated whether Florida's four-year statute of limitations should apply.
The appellate panel must decide how two different federal laws should intersect. While 42 U.S.C. § 9658 preempts state time limits for lawsuits involving nuclear incidents, the Price-Anderson Act adopts state law as "the rules for decision."
The question arose after Palm Beach County resident Cynthia Santiago sued in the Southern District of Florida in 2014, five years after she was diagnosed with a brain tumor at 13. When she died about two years later, her parents Joselyn and Steve Santiago became personal representatives.
The complaint blamed Connecticut-based aircraft maker United Technologies Corp., alleging its Palm Beach County engineering facility released radioactive materials, heavy metals and semi-volatiles in The Acreage, where several children were also reportedly diagnosed with brain tumors.
The defendant is commonly known as Pratt & Whitney Group. It has denied the allegations.
The lawsuit faltered before U.S. District Judge Kenneth A. Marra, who found that although it was grounded in state law, it was not "brought under state law," meaning §9658 wouldn't apply. Under that reasoning, the lawsuit was blocked because the Florida statute of limitations had expired.
But plaintiffs attorney Bryan Gowdy of Creed & Gowdy in Jacksonville argued that was a mistake, because the lower court read the laws "out of context."
In live-streamed oral arguments conducted over the phone, the appellate panel was meticulous in picking apart language from both sides.
"Could Congress strip the state courts of jurisdiction over a state law issue and hand that issue of state law over to the federal courts without running into some Constitutional problems?" Senior Judge Stanley Marcus said.
Gowdy argued that it could under the Price-Anderson Act because Congress adopted state law as federal law—excluding anything found to be inconsistent.
Gowdy is handling the case with John Scarola and Mara Hatfield of Searcy Denney Scarola Barnhart & Shipley in West Palm Beach.
Defense attorney Andrew MacNally of Barlit Beck in Chicago argued the plaintiff's Price-Anderson Act claims fall outside the scope of §9658.
"It's sort of backward to think of these cases as arising under federal law here," MacNally said. "Those elements of state law are providing something to the federal regime, but they are molded and shaped by the federal law, and as a result they become part of the federal law."
Because §9658 applies to actions "brought under state law," Judge Robert Luck repeatedly pressed the attorneys on what "brought" and under" really mean, causing them to stumble over whether the terms are ambiguous in certain scenarios.
The court has yet to rule.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
Trending Stories
- 1The Key Moves in the Reshuffling German Legal Market as 2025 Dawns
- 2Social Media Celebrities Clash in $100M Lawsuit
- 3Federal Judge Sets 2026 Admiralty Bench Trial in Baltimore Bridge Collapse Litigation
- 4Trump Media Accuses Purchaser Rep of Extortion, Harassment After Merger
- 5Judge Slashes $2M in Punitive Damages in Sober-Living Harassment Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250