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· 5/1/1996

Bohrmann v. Maine Yankee Atomic Power Co.

Citations

  • 926 F. Supp. 211
  • 1996 U.S. Dist. LEXIS 6992
  • 1996 WL 271846

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the plaintiff's fraud, IIED and battery claims were not preempted by the Price-Anderson Act because the federal safety regulations had no bearing on the defendant's liability for intentional acts
  • “adopting the ALARA standard would result in an ordinary negligence standard and would allow juries to decide issues explicitly reserved to the federal government.”
  • refusing to dismiss claims for intentional infliction of emotional distress, battery and fraud
  • “The federal safety regulations do not immunize a defendant from liability for making fraudulent representations to persons either before or after subjecting them to radiation.”
  • “Plaintiffs’ claim pursuant to a strict liability theory is inconsistent with the federal regulatory scheme because Plaintiffs could recover pursuant to such a claim without first establishing that Defendant breached a federally imposed standard of care.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gene Carter

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.