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Court dismisses Navy vets’ case over radiation exposure from Japanese power plant

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Mar 21, 2019
SAN DIEGO – On March 4, GE and Tokyo Electric Power Co. (TEPCO) convinced the U.S. District Court in the Southern District of California to dismiss U.S. Navy vets’ case against them after allegedly being exposed to radiation.
 
.. “The court concludes that Japan also has a strong interest in resolving the issues surrounding the incident, which occurred in Japan. Having found that both Japan and California have an interest in having their own laws applied, a true conflict exists,” U.S. District Judge Janis L. Sammartino wrote in the ruling…
… Sammartino didn’t agree with the plaintiffs’ concerns that trying the case in Japan would cause them to be awarded with little or no damages. Ultimately, the court found that Japanese law is applicable to the case and granted GE’s motion to dismiss…
… TEPCO’s motion to dismiss was also granted. TEPCO argued that it never forfeited its personal jurisdiction defense, meaning the court should dismiss the lawsuit against it for lack of personal jurisdiction. While the court pointed out TEPCO failed to raise its personal jurisdiction defense in its motion to dismiss (and said now isn’t the time to raise it), it still agreed with TEPCO that the case should be dismissed.
 

 

March 25, 2019 - Posted by | Uncategorized | , , ,

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