Halbrook v. Mallinckrodt, LLC

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Plaintiff filed suit against defendants, asserting wrongful death claims under the public liability provision of the Price-Anderson Nuclear Industries Indemnity Act, alleging exposure to nuclear radiation during World War II and the Cold War. The district court granted defendants' motion to dismiss claims brought on behalf of persons who passed away more than three years prior to the filing of suit. The Eighth Circuit affirmed, holding that the claims were untimely under Missouri's statute of limitations, Mo. Rev. Statutes Section 537.100, which did not permit tolling. The court also held that, to the extent equitable estoppel due to fraudulent concealment might be permitted under Missouri law, plaintiffs failed to raise the issue of fraudulent concealment in the district court. Finally, the provisions in the Comprehensive Environmental Response, Compensation, and Liability Act governing actions brought under state law were inapplicable to the present claims. View "Halbrook v. Mallinckrodt, LLC" on Justia Law