The argument from analogy gives them a reason for accepting that it is justified to hold mcgee corp responsible for what happened in the silkwood case describing the structure and purpose of a closing argument is a subtle task, because the closing argument can comprise several functions, and because it is meant to combine argument with. Nuclear construction, accepting, in the face of competing explanations, california’s avowed financial concerns as the rationale for the legislation in silkwood v. The kerr-mcgee settlement and the silkwood case are especially relevant with the current lockout of honeywell uranium hexafluoride workers – who may have been locked out due to expressing safety concerns. Global benefits versus local concerns: the need for a bird's eye view of nuclear energy kathleen c reilly we had a brief but shattering experience in 1973 during the embargo.
The court may have been persuaded to hear the case, silkwood v kerr-mcgee (no 81-2159), by briefs filed by a number of state attorneys general, led by robert abrams of. Silkwood v kerr-mcgee corp: federal regulatory scheme in nuclear energy industry does not preclude application of state tort law marcia h rimland, silkwood v kerr-mcgee corp: federal regulatory scheme in nuclear energy industry does not preclude application of select context to search: advanced search issn: 0738-6206 pelr. Docket no no civ 95-0438mvrlp judges martha alicia vazquez attorney(s) michael r comeau, jon j indall, comeau, maldegen, templeman indall, llp, santa fe, nm. Karen silkwood was an employee at the kerr-mcgee corporation's nuclear facility at cimmarron, oklahoma the kerr-mcgee defendants formed a conspiracy in november of 1972 to prevent silkwood and other kerr-mcgee employees organizing a labor union from.
In the case of silkwood v kerr-mcgee corp, the court ruled for the first time that, even though the nuclear energy indus- try is already subject to comprehensive federal regulation, a state may award punitive dam- ages in civil suits in order to penalize miscon. Logan, circuit judge this is an appeal by kerr-mcgee corporation and kerr-mcgee nuclear corporation (hereinafter collectively referred to as kerr-mcgee) from judgments after jury trial in a diversity suit brought against them by bill m silkwood as. [ footnote 1 ] silkwood was employed by kerr-mcgee nuclear corp, a subsidiary of kerr-mcgee corp the jury found that the former was the mere instrumentality of the latter the jury found that the former was the mere instrumentality of the latter.
State sovereignty and nuclear free zones luis lit nuclear free zone ordinances present courts with choices between local and national interests and between judicial and legislative decisionmaking. Media for silkwood v kerr-mcgee corporation oral argument - october 04, 1983 they could likewise prosecute them for invading a nuclear power plant and in that context congress spoke at length about its view about the state tort action. Silkwood v kerr-mcgee corp: federal regulatory scheme in nuclear energy industry does not preclude application of state tort law. You are instructed that kerr-mcgee corporation is liable for the damage to the person and property of karen silkwood resulting from the activities of the kerr-mcgee nuclear corporation at the cimarron plutonium plant if you find that kerr-mcgee corporation so dominated the management, policies, and finances of the kerr-mcgee nuclear corporation. No 16-1275 in the supreme court of the united states virginia uranium, inc, et al, petitioners, v john warren, et al, respondents on petition for writ of certiorari.
Federal preemption and the aea: how federal preemption law nukes state law that affects nuclear waste nuclear power9 thus the historic police powers of states to regulate electrical utilities are not to be superseded by the 21 see silkwood v kerr-mcgee corp, 464 us 238, 248 (1984. Kerr-mcgee corp, 464 us 238 (1984), which held that the atomic energy act, as informed by the paa, does not preempt an award of punitive damages under state tort law arising out of radiation exposure from a nuclear power plant. Punitive damage award against nuclear power company threatens exclusivity of federal control: silkwood v , punitive damage award against nuclear power company threatens exclusivity of federal control: silkwood v kerr-mcgee corp, 26 bcl rev 727 select context to search: advanced search digital commons home. Kerr-mcgee corp v farley no 95-2121, -2127 (115 f3d 1498) (10th cir june 25, 1997) the court holds that a uranium mining company must exhaust its jurisdiction-based appeals in the navajo tribal court system before challenging in federal court the navajo court's jurisdiction over nuclear torts.
In pacific gas & electric co v state energy resources conservation & development commission, 461 us 190 (1983), the united states supreme court held that a state statute regulating economic aspects of nuclear generating plants was not preempted by the federal atomic energy act of 1954 the case provides a framework that has guided other. Kerr-mcgee settles the silkwood case on this day for $13 million after the $105 million award given by the jury is overturned on appeal gives a brief summary of the events of karen's life and death. Silkwood was employed by kerr-mcgee nuclear corp, a subsidiary of kerr-mcgee corp the jury found that the former was the mere instrumentality of the latter we therefore refer to both as kerr-mcgee. Petitioner english, a laboratory technician at a nuclear facility operated by respondent general electric company (ge), complained to ge's management and to the federal government about several perceived violations of nuclear safety standards at the facility, including the failure of her coworkers.
Kerr-mcgee, 667 f2d at 913 radioactive materials in a nuclear plant could be released into the environment if the containment structures of the plant were breached during an. The complaint, as its first cause of action, alleges the following karen silkwood was an employee at the kerr-mcgee corporation's nuclear facility at cimmarron, oklahoma. Silkwood v kerr-mcgee, 104 s ct 615 (jan 11, 1984) the estate of karen silkwood brought a diversity action in of the safety aspects of nuclear energy does not extend to the state-authorized award of punitive damages for conduct related to radiation hazards. The complaint states that karen silkwood was an employee of the kerr-mcgee corporation's cimarron, oklahoma, nuclear facility (hereinafter cimarron facility) 402 from august 3, 1972, to november 13, 1974 the first count of the complaint alleges that the individual kerr-mcgee defendants entered into a conspiracy in november of 1972 with the.
First, despite the exclusivity of federal regulation concerning the actual operation of nuclear facilities, see silkwood, 464 us at 250, the parties agree that prior to 1988 there was no preemption whatsoever of state-law damages claims arising from nuclear incidents. Silkwood was a chemical technician at the kerr-mcgee's plutonium fuels production plant in crescent, oklahoma, and a member of the oil, chemical, and atomic workers' union she was also an activist who was critical of plant safety.