· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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