United States Federal Circuit

In an action involving nuclear bomb testing in the 1940's and 50's brought by people and descendants of the Bikini and Enewetak Atolls seeking just compensation for the taking of their land and their legal claim by the U.S. government, dismissal of the action is affirmed where the parties, via a settlement agreement, clearly and unambiguously agreed to extinguish any judicial jurisdiction over the claims presented in the appeals.

Appellate Information

• Decided 01/29/2009
• Published 01/29/2009

Judges

• RADER, Circuit Judge., Before LOURIE, RADER, PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Patricia A. Millett, Akin Gump Strauss Hauer & Feld LLP, of Washington, DC, argued for plaintiff-appellant in appeal 2007-5175.   With her on the brief were Thomas C. Goldstein, Robert K. Huffman, Duncan N. Stevens, and Monica P. Sekhon.   Of counsel on the brief was Jonathan M. Weisgall, Jonathan M. Weisgall Chartered, of Washington, DC., Jonathan G. Cedarbaum, Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, argued for plaintiffs-appellants in appeal 2007-5176.   With him on the brief were Seth P. Waxman and P. Davis Oliver;  Craig E. Estes, of Boston, MA, and Daphna Renan, of New York, N.Y. Of counsel on the brief was Davor Pevec, Law Offices of Davor Pevec, of Honolulu, HI.


• For Appellees:
  
• Brian M. Simkin, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee in appeals 2007-5175 and 2007-5176.   With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Jeanne E. Davidson, Director.