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Earl L. Irwin v. CSX Transportation, Inc.

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  • Earl L. Irwin v. CSX Transportation, Inc.

    Date Decided: Mar 16th, 2011
    Decided By: Tennessee Eastern District Court (Federal)
    Court: United States District Court for the Eastern District of Tennessee
    Citation: 2011 WL 976376

    Earl L. Irwin ("Irwin") filed a complaint in the CircuitCourt for Knox County, Tennessee pursuant to the Federal Employers' LiabilityAct ("FELA"), 45 U.S.C. 51, et seq.Irwin alleged he was exposed to toxic substances including radiation andradioactive substances while employed by CSX Transportation, Inc. ("CSX"). Irwindeveloped disease processes and cancer as a result of this exposure.

    CSX removed the case to the United States District Court forthe Eastern District of Tennessee on the assertion that the Court has originaljurisdiction pursuant to the Atomic Energy Act ("AEA") and its amendments underthe Price-Anderson Act ("PAA"). CSX concludes that Irwin's exposure toradiation must have occurred at the Oak Ridge, Tennessee nuclear facilitiesmaking it a "nuclear incident" under the PAA, and entitling CSX to jurisdictionin federal court.

    Before the Court is Irwin's Motion to Remand the case tostate court.