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McClurg v. MI Holdings (M&O on Mots. to Dismiss 2)

McClurg v. MI Holdings (M&O on Mots. to Dismiss 2)

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Published by aksireland5630
Judge's decision partially granting motion to dismiss.
Judge's decision partially granting motion to dismiss.

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Categories:Types, Business/Law
Published by: aksireland5630 on Apr 02, 2013
Copyright:Attribution Non-commercial


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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MISSOURIEASTERN DIVISIONSCOTT D. MCCLURG, et al., ))Plaintiffs, ))vs. ) No. 4:12CV00361 AGF)MI HOLDINGS, INC., et al., ))Defendants. )________________________________ Consolidated for DiscoveryAnd Pretrial Proceedings withPAULETTE M. ADAMS, et al., ))Plaintiffs, ))vs. ) No. 4:12CV00641 AGF)MI HOLDINGS, et al., ))Defendants. )
 Plaintiffs in these two actions seek damages under the Price Anderson Act asamended in 1988, 42 U.S.C. § 2210, et seq. (“PAA”), and various state law tort theories,for personal injuries and emotional distress they sustained as a result of multiple decades of exposure to hazardous, toxic, and radioactive substances handled by Defendants from 1943to 1973 in the environs of North St. Louis County, Missouri. One action currently
Case: 4:12-cv-00641-AGF Doc. #: 108 Filed: 03/27/13 Page: 1 of 16 PageID #: 529
involves 13 Plaintiffs and eight Defendants; the other action currently involves 16Plaintiffs and the same eight Defendants.Now before the Court in each case are three motions to dismiss the complaint forfailure to state a claim, and one motion to dismiss for failure to state a claim and for lack of personal jurisdiction. The motions to dismiss for failure to state a claim were filed byDefendants DJR Holdings, Inc., and Jarboe Realty and Investment Company, Inc. (jointly“the Jarboe Defendants”) (Doc. No. 39 in
; Doc. No. 51 in
); DefendantsCovidien, Inc., MI Holdings, Inc., and Mallinckrodt, Inc., (Doc. No. 63 in
; Doc.No. 34 in
); and Defendant Cotter Corp. (“Cotter”) (Doc. No. 72 in
; Doc.No. 42 in
). The motions to dismiss for failure to state a claim and for lack of personal jurisdiction were filed by Defendants Associates First Capital Corp. (“AFC”) andCitigroup, Inc. (Doc. No. 98 in
; Doc. No. 68 in
).Also before the Court are Defendants’ requests that the Court enter a CaseManagement Order patterned after
 Lore v. Lone Pine Corp
., No. L-33606-85, 1986 WL637507 (N.J. Super. Ct. Nov. 18, 1986), that would require Plaintiffs to define their injurieswith precision and to produce some evidence of causation prior to any discovery takingplace. For the reasons set forth below, AFC and Citigroup’s motion to dismiss for lack of personal jurisdiction shall be granted. The remaining motions to dismiss shall all begranted with respect to Plaintiffs’ state law claims, while Plaintiffs’ request for the right tofile amended complaints will be granted with respect to their claims under the PAA.These motion to dismiss will be denied at this point with respect to Plaintiffs’ claims under
Case: 4:12-cv-00641-AGF Doc. #: 108 Filed: 03/27/13 Page: 2 of 16 PageID #: 530
the PAA, without prejudice to filing new motions to dismiss addressed to any amendedcomplaints filed by Plaintiffs. Should Plaintiffs fail to file amended complaints within thetime allowed, these actions will be dismissed. Defendants’ request for a
 Lone Pine
Ordershall be denied as moot at this point, also without prejudice to reasserting such a requestafter any amended complaints are filed.
The two complaints are virtually identical with respect to the alleged relevantconduct of Defendants or their predecessors in interest, and the theories of liability.Plaintiffs allege that from 1942 to 1957, under contract with the United States Army inconnection with the Manhattan Project, and later under contract with the Atomic EnergyCommission, Mallinckrodt Chemical Works processed natural uranium into variousuranium compounds at a facility in downtown St. Louis, Missouri, designated as the St.Louis Downtown Site (the “SLDS”). When the SLDS ran out of space to store theradioactive residues from the production process, a 21.7-acre tract of land, designated asthe St. Louis Airport Site (the “SLAPS”) in north St. Louis County, Missouri, wasprocured to store the residues. By 1960, there were approximately 50,000 empty drumsand approximately 3,500 tons of miscellaneous contaminated steel and alloy scrap storedonsite at the SLAPS. The SLAPS and adjacent properties became contaminated withradioactive substances as a result.During the 1960’s, private companies purchased the radioactive residues beingstored at the SLAPS and began hauling them to a site on Latty Avenue in Berkeley,
Case: 4:12-cv-00641-AGF Doc. #: 108 Filed: 03/27/13 Page: 3 of 16 PageID #: 531

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