WILCOX v. HOMESTAKE MINING CO.

No. 08-2282.

619 F.3d 1165 (2010)

Claude WILCOX, as personal representative of the Estate of Harriet Wilcox, deceased; Trinity Scott, as personal representative of the Estate of Marcella Marie Hartman, deceased; F. Darlene Cowart Serna, Plaintiffs-Appellants, v. HOMESTAKE MINING COMPANY, a Delaware corporation; Homestake Mining Company of California; Doe Corporations I-XX; Doe Partnerships I-XX, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 8, 2010.


Attorney(s) appearing for the Case

Larissa A. McCalla ( J. Douglas McCalla , Roy A. Jacobson, Jr. , and Emily R. Rankin with her on the briefs) of The Spence Law Firm, LLC, Jackson, WY, for Plaintiffs-Appellants.

Daniel J. Dunn of Holme Roberts & Owen LLP, Denver, CO ( Matthew J. Lepore and Merdith A. Johnston of Holme Roberts & Owen LLP, Denver, CO; Jon J. Indall of Comeau, Maldegan, Templeman & Indall, LLP, Santa Fe, NM; and Lynn H. Slade of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, with him on the brief) for Defendants-Appellees.

Before LUCERO, McKAY, and HOLMES, Circuit Judges.


McKAY, Circuit Judge.

In this action brought under the Price-Anderson Act, 42 U.S.C. § 2210, we must decide whether Plaintiffs alleging they suffered cancer due to exposure to radiation from Defendants' uranium mill have made a sufficient showing of causation under New Mexico law to survive summary judgment. We first determine the test for causation in this context, then evaluate whether the evidence submitted by Plaintiffs was sufficient to satisfy this test...

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