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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


    Background:

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

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

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


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