DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171452P.pdf 04/27/2018 Russell Halbrook v. Mallinckrodt, LLC
U.S. Court of Appeals Case No: 17-1452
and No: 17-2215
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Melloy, Author, with Gruender and Shepherd, Circuit Judges]
Civil case - Price-Anderson Nuclear Industries Indemnity Act. In this
wrongful-death action alleging exposure to nuclear radiation during World
War II and the Cold War at various St. Louis sites, the district court did
not err in finding the claims were untimely under Missouri's statute of
limitations, Mo. Rev. Statutes Section 537.100, which does not permit
tolling; to the extent equitable estoppel due to fraudulent concealment
might be permitted under Missouri law, plaintiffs did not raise the issue
of fraudulent concealment in the district court; the district court
correctly rejected plaintiffs' argument that the CERCLA's claim-accrual
provision saved the matter because that provision applies only to claims
brought under state law; here, Congress created a federal cause of action
for public-liability claims concerning nuclear incidents, and the action
is one arising under federal, rather than state, law.