Tepco telling California 9th Circ. To Send Sailors’ $1B Fukushima Suit To Japan
TEPCO trying to block the hearing of this case in California under US law.
Watch recording for case: Lindsay Cooper v. Tokyo Electric Power Co., No. 15-56424
http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000010155
9th Circ. Told To Send Sailors’ $1B Fukushima Suit To Japan
Law360, Los Angeles (September 1, 2016, 5:47 PM ET) — Tokyo Electric Power Co. urged the Ninth Circuit on Thursday to dismiss a $1 billion putative class action on behalf of 70,000 U.S. sailors allegedly exposed to radiation while responding to the Fukushima nuclear disaster, arguing the claims belong in Japan.
During oral arguments in Pasadena, California, Daniel Collins of Munger Tolles & Olson LLP, representing Tokyo Electric Power Co. Holdings Inc., the owner of the Fukushima nuclear plant, urged a three-judge panel to reverse U.S. District Judge Janis L. Sammartino’s refusal to dismiss the suit….
http://www.law360.com/articles/835597/9th-circ-told-to-send-sailors-1b-fukushima-suit-to-japan
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Apparently one major thing at issue here that they are trying to evade by moving it to Japan is punitive damages. The TEPCO attorney states that even if Price-Anderson were to kick in in the US there are no punitive damages. I’m not sure if this is true but this evasion of punitive damages was being pushed for by the US NRC (lackey to the nuclear industry) after the Karen Silkwood case, where her family got large punitive damages. And, they must be forced to pay punitive damages for punishment, along with pain and misery. The attorney claims that no punitive damages are awarded in Japan which is criminal. True or false he says it’s because a Price-Anderson-like system has kicked in, but that is retro-active, if I recall correctly.