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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