No. 21-1438

Tamia Banks, et al. v. Cotter Corporation, et al.

Lower Court: Eighth Circuit
Docketed: 2022-05-13
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: appellate-jurisdiction atomic-energy-act claim-severance federal-jurisdiction final-decision nuclear-incident price-anderson-act public-liability statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity Jurisdiction
Latest Conference: 2022-11-10 (distributed 2 times)
Question Presented (AI Summary)

Whether there has been a 'nuclear incident' such that the Price Anderson Act is applicable and provides original jurisdiction when the Congressional compensation mechanism provided by the Price Anderson Act is not implicated by the conduct giving rise to a Plaintiffs claims

Question Presented (from Petition)

question presented is whether there has been a “nuclear incident” such that the Price Anderson Act is applicable and provides original jurisdiction when the Congressional compensation mechanism provided by the Price Anderson Act is not implicated by the conduct giving rise to a Plaintiffs claims. 28 U.S.C. § 1291 provides United States Courts of Appeals with jurisdiction to hear appeals from all final decisions of the district courts of the United States. The second question presented is whether an order by a federal district court severing a primary claim from a related contribution claim, remanding the primary claim to state court, and keeping federal jurisdiction over the contribution claim constitutes a “final decision” under 28 U.S.C. § 1291.

Docket Entries

2022-11-14
Petition DENIED.
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-20
Reply of petitioners Tamia Banks, et al. filed.
2022-10-06
Brief of respondent Cotter Corporation (N.S.L.) in opposition filed.
2022-08-29
Motion to extend the time to file a response is granted and the time is extended to and including October 6, 2022.
2022-08-26
Motion to extend the time to file a response from September 6, 2022 to October 6, 2022, submitted to The Clerk.
2022-08-04
Response Requested. (Due September 6, 2022)
2022-06-22
DISTRIBUTED for Conference of 9/28/2022.
2022-06-13
Waiver of right of respondents Cotter Corporation (N.S.L.) and Commonwealth Edison Company to respond filed.
2022-05-11
Petition for a writ of certiorari filed. (Response due June 13, 2022)

Attorneys

Cotter Corporation (N.S.L.) and Commonwealth Edison Company
Brian O'Connor WatsonRiley Safer Holmes & Cancila LLP, Respondent
Brian O'Connor WatsonRiley Safer Holmes & Cancila LLP, Respondent
Tamia Banks, et al.
Barry James Cooper Jr.Cooper Law Firm, L.L.C., Petitioner
Barry James Cooper Jr.Cooper Law Firm, L.L.C., Petitioner