United States Tenth Circuit

In an action brought under the Price-Anderson Act, 42 U.S.C. section 2210, claiming that plaintiffs suffered cancer due to exposure to radiation from defendants' uranium mill, summary judgment for defendant is affirmed where: 1) there was no basis in New Mexico law for extending the exception to the but-for causation requirement beyond the limited bounds the court described in interpreting the Restatement view under Colorado law in June; and 2) to the extent Tafoya altered the but-for test in situations where a defendant's actions aggravated but did not cause an injury, it was not applicable in this case.

Appellate Information

• Decided 09/08/2010
• Published 09/08/2010

Judges

• Monroe C. McKay

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Larissa A. McCalla, Daniel J. Dunn