IN RE HANFORD NUCLEAR RESERVATION LITIGATION

Nos. 98-36142 to 98-36144, 98-36147, 98-36149 and 98-36173.

292 F.3d 1124 (2002)

In re HANFORD NUCLEAR RESERVATION LITIGATION, Jeanne Jaros, et al., on their own behalf and as representatives of classes of similarly situated persons, Plaintiffs-Appellants, v. E.I. DuPont, Defendant-Appellee. In re Hanford Nuclear Reservation Litigation, E.S. Criswell, Arel Quessenberry, Luther Stacy, Jr., Raymond L. Swaim, Betty L. Swaim, James R. Swaim and John S. Swaim, on their own behalf and as representatives of classes of similarly situated persons, Plaintiffs-Appellants, v. E.I. DuPont de Nemours and General Electric Company, Defendants-Appellees. In re Hanford Nuclear Reservation Litigation, Chuck Seaman, as personal representative for Frieda Theresa Seaman, Deceased; Mark Seaman, Jr.; Chuck Seaman, Plaintiffs-Appellants, v. E.I. DuPont de Nemours and Company, a Delaware corporation; General Electric Company, a New York Corporation, Defendants-Appellees. In re Hanford Nuclear Reservation Litigation, Andra L. Evenson, et al., Plaintiffs-Appellants, v. E.I. DuPont de Nemours and Company, Defendant-Appellee, and U.S. Environmental Protection Agency, et al., Defendants. In re Hanford Nuclear Reservation Litigation, Kathryn Hamilton, Diana Cottam, James and Janet Boyd and Connie Soper, on their own behalf and as representatives of classes of similarly situated persons, Plaintiffs-Appellants, v. E.I. DuPont de Nemours and Company; General Electric Co.; UNC, Inc., Atlantic Richfield Company, Rockwell International Corporation, Westinghouse Electric Corporation and Westinghouse Hanford Company, Defendants-Appellees. In re Hanford Nuclear Reservation Litigation, Rosemary Miller, Plaintiff-Appellant, v. E.I. DuPont de Nemours; General Electric, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated September 18, 2001.

Resubmitted October 15, 2001.

Filed June 18, 2002.


Attorney(s) appearing for the Case

Merrill G. Davidoff and Peter Nordberg, Berger & Montague, Philadelphia, PA, Tom H. Foulds, Seattle, WA, Roy S. Haber, Eugene, OR, Michael Bloom and Michael Axline, Eugene, OR, Stanley M. Chesley, Waite, Schneider, Bayless & Chesley, Co, Cincinnati, OH, John S. Moore, Velikanje, Moore & Shore, P.C. Yakima, WA, for the plaintiffs-appellants.

William R. Jentes and Kevin T. Van Wart, Kirkland & Ellis, Chicago, IL, William R. Squires III, Summit Law Group, Seattle, WA and Lee Radford, Moffatt, Thomas, Barrett, Rock & Fields, Idaho Falls, ID, for the defendants-appellees.

Before: SCHROEDER, Chief Judge, GOODWIN and HAWKINS, Circuit Judges.


SCHROEDER, Chief Judge.

These appeals raise fundamental questions concerning how courts should grapple with causation issues in mass tort cases. The appellants are among thousands of plaintiffs who filed suit for damages allegedly arising out of their exposure to harmful levels of radioactive emissions from the Hanford Nuclear Reservation over a period of many years. They filed these actions under the Price-Anderson Act...

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