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9th Circ. Says Sailors’ Fukushima Suit Can’t Proceed In U.S.

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > 9th Circ. Says Sailors’ Fukushima Suit Can’t Proceed In U.S.

9th Circ. Says Sailors’ Fukushima Suit Can’t Proceed In U.S.

Law360 (May 22, 2020, 4:56 PM EDT) — The Ninth Circuit on Friday rejected an effort by U.S. sailors to revive a $1 billion lawsuit against General Electric Co. and Tokyo Electric Power Co. over alleged radiation injuries suffered during their response to the 2011 Fukushima nuclear disaster.

The unanimous panel upheld California U.S. District Judge Janis L. Sammartino’s findings that GE can’t be sued in U.S. courts because under a choice-of-law analysis, Japanese law governs the plaintiffs’ claims, and under that law, GE can’t be held liable as a third-party defendant. As to TEPCO, the panel affirmed the judge’s ruling that Japanese courts are the proper venue for…

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