Law360, New York (October 29, 2014, 4:26 PM EDT) -- A California federal judge on Tuesday preserved a $1 billion class action against Tokyo Electric Power Co. brought by a group of U.S. Navy rescue personnel alleging exposure to nuclear radiation from the Fukushima power plant, ruling the court has subject-matter jurisdiction over the case.
U.S. District Judge Janis L. Sammartino rejected Tepco’s argument that the plaintiffs’ claims are barred by the political question doctrine, which holds that that the court cannot rule on fundamentally political questions. The judge ruled that the plaintiffs' second amended complaint sufficiently alleged that Tepco’s negligence — not the Navy’s decision to send them to the...
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