Price Anderson Act In the Courts
1978 Supreme Court Ruling on Constitutionality of Price Anderson Act
The Court upheld the provisions of the Price- Anderson Act, 42 U.S.C. 2210, which place a dollar limit on total liability that would be incurred by a defendant in the event of a nuclear accident. One of the objections raised against the liability limitation provisions was that they violated due process by failing to provide those injured by a nuclear accident with an adequate quid pro quo for the common-law right of recovery which the Act displaced. The Court noted: It is not at all clear that the Due Process Clause in fact requires that a legislatively enacted compensation scheme either duplicate the recovery at common law or provide a reasonable substitute remedy.Three Mile Island Victims and Price Anderson
1984 SILKWOOD v. KERR-McGEE CORP., APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
1999 United States Court of Appeals for the Ninth Circuit
1998 US Court of Appeals: Plaintiff Bertram Roberts vs. Florida Power and Light
Mr. Roberts suffered from terminal cancer that he alleged was caused by on-the-job radiation exposure at the Turkey Point Nuclear Power plant, operated by the defendant Florida Power and Light Company ("FPL"), where he was employed as an electrician by an FPL contractor, Bechtel Corporation. Mr. Roberts sued FPL in state court. Because this case was a "public liability action" within the meaning of the Price-Anderson Act. This appeal presented an important question --whether the Price-Anderson Act preempts state-law standards of care in tort suits brought to recover damages from operators of nuclear plants.Other Court Cases involving Price Anderson
Corcoran v. NYPA, WEDCO, Westinghouse
EL PASO NATURAL GAS CO. v. NEZTSOSIE