10th Circ. Favors Class In $1B Plutonium Dispute

Law360, New York (June 23, 2015, 6:54 PM EDT) -- In an opinion published Tuesday, the Tenth Circuit ordered a Colorado district court to deliver landowners a ruling on their state nuisance theory after their 25-year plutonium contamination class action against Dow Chemical Co. and the former Rockwell International Corp. failed on federal grounds.

In his decision for the panel’s two-judge majority, Circuit Judge Neil Gorsuch vacated and remanded the U.S. District Court for the District of Colorado’s 2012 preemption ruling against the proposed class of more than 15,000 property owners near the former Rocky Flats...
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