United States Ninth Circuit

In a case alleging subcellular injury from exposure to radioactive material, the grant of summary judgment for defendant is affirmed where: 1) the Price-Anderson Act prohibits recovery for plaintiffs who have not suffered bodily injury, sickness, disease, or death from exposure to radioactive materials; and 2) subcellular alteration of a plaintiff's DNA, without pain or interference with bodily functions, is not a bodily injury within the meaning of the Act.

Appellate Information

• Argued 04/12/2007
• Decided 09/11/2008
• Published 09/11/2008

Judges

• KOZINSKI, Chief Judge:, Before:  ALEX KOZINSKI, Chief Judge, RAYMOND C. FISHER, Circuit Judge, and ANDREW J. GUILFORD, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Alexander Blewett, III, Christopher D. Meyer, Hoyt & Blewett PLLC, Great Falls, MT, for the plaintiffs-appellants.


• For Appellees:
  
• Donald E. Jose, Esq., Michael Garza, Esq., Jose & Wiedis, West Chester, PA;  Robert E. Sheridan, Esq., Garlington, Lohn and Robinson, PLLP, Missoula, MT, for the defendant-appellee.