211160P.pdf   01/07/2022  In Re: Cotter Corporation  v.  
   U.S. Court of Appeals Case No:  21-1160
                          and No:  21-1165
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Benton, Author, with Loken and Colloton, Circuit Judges] 
   Civil case - Price-Anderson Act. Plaintiffs sued Cotter and other 
   defendants in Missouri state court for allegedly polluting their property 
   with nuclear waste materials; Cotter filed a third-party action for 
   contribution, and one of the defendants removed the case to federal court 
   on the basis of the Price-Anderson Act; the district court determined the 
   Act did not apply to the claims against Cotter because the Act applies 
   only to nuclear incidents if the defendant has an applicable indemnity 
   agreement; the court also declined supplemental jurisdiction over the 
   claims and remanded the matter to state court. After remand, Cotter filed 
   a third-party action for contribution against seven defendants, including 
   Malinckrodt, which then removed the case. Plaintiffs then moved to sever 
   and remand all claims, except the third party claims against Malinckrodt, 
   on the ground they were state law claims; the district court granted the 
   motion and Cotter appeals on the issue of the court's decision to decline 
   supplemental jurisdiction and remand the state law claims. Held: The 
   remand order is a reviewable final judgment, and the court may review the 
   decision to decline supplemental jurisdiction; the district court erred in 
   determining that the Price-Anderson Act does not apply to plaintiffs' 
   claims against Cotter because Cotter lacked an applicable license or 
   indemnity agreement, making its decision to decline supplemental 
   jurisdiction an abuse of the district court's discretion; the Act provides 
   original federal question jurisdiction for all nuclear incidents 
   regardless of whether the defendant had an applicable indemnity agreement.