Rejecting an expert’s findings as “nothing more than a radiation version of the impermissible ‘any breath‘ theory,” a federal appeals court in Pennsylvania has blocked attempts to revive more than 70 cases alleging that a defunct nuclear power plant caused the plaintiffs’ cancer.
On Wednesday, a split three-judge panel of U.S. Court of Appeals for the Third Circuit affirmed a ruling by the Western District of Pennsylvania that dismissed on summary judgment more than 70 cases related to a nuclear power plant in Apollo, Pennsylvania. The 69-page ruling from Chief Judge D. Brooks Smith in McMunn v. Babcock & Wilcox Power Generation Group agreed with the district court that the expert testimony didn’t pass muster.
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