Law360, New York (October 03, 2011, 2:06 PM ET) -- The U.S.
Supreme Court on Monday asked the solicitor general to weigh in on
a plutonium contamination class action, in which the Tenth Circuit
reversed a nearly $1 billion judgment against Dow Chemical Co. and
the former Rockwell International Corp.
At the heart of the decades-long suit is whether the standard for
damages under the Price-Anderson Act, which governs liability for
nonmilitary nuclear facilities, is controlled by state or federal
The plaintiffs, more than 15,000 property owners near the former
Rocky Flats Nuclear Weapons Plant in Colorado, also want the
Supreme Court to decide whether - as the Tenth Circuit saw it -
they must prove physical injury to the property beyond the presence
of plutonium particles in order to collect damages.
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