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Sailors Fight to Keep Fukushima Radiation Case in US via CNS

SAN DIEGO (CN) – Former Senator John Edwards and his co-counsel on Thursday asked a federal judge not to transfer to Japan a class action by hundreds of U.S. sailors exposed to radiation in the Fukushima nuclear disaster.

An initial group of sailors sued Tokyo Electric Power Co. (TepCo) and General Electric in 2012. A second class action from sailors sent to render aid after the earthquake and tsunami was filed in San Diego Federal Court last August.

[…]

U.S. District Judge Janis Sammartino on Thursday considered motions to dismiss from TepCo and GE. They claim that California courts have no jurisdiction over events in Japan. Sammartino also considered a choice-of-law motion from General Electric, which wants to apply Japanese law to the case or have it transferred to Japan.

TepCo operated the Fukushima nuclear plant; GE designed its nuclear reactors.

TepCo attorney Gregory Stone, with Munger, Tolles & Olson in Los Angeles, said all claims brought in the United States could be brought in Japan and that the statute of limitations has not run out in Japan’s court system.

GE attorney Michael Schissel, with Arnold & Porter in New York, said the case belongs in Japan, where the facts originated and the witnesses are. Schissel said the Japanese government declared the nuclear meltdown was not a natural disaster, so TepCo could be held liable for damages.

But Edwards, whose firm Edwards Kirby is based in North Carolina, said it’s important to look at the situation “from altitude,” to see things from the sailors’ perspective.

[…]

“They want the case in Japan because they know it goes away; that’s clearly their strategy,” Edwards said.

He added: “This case screams federal jurisdiction; this case screams United States of America. The underlying concept of this whole thing is fundamental and basic notions of fairness being met.”

Edwards’ co-counsel Charles Bonner, with Bonner & Bonner in Sausalito, said if the case were transferred to Japan, where GE could be dismissed as a defendant, GE could “continue building their defective reactors with impunity.”

[…]

“(Japan’s) compensation act has not been applied to their own citizens, only businesses. Why should we speculate their compensation act will help our sailors? It will not,” Bonner said.

Stone countered that Bonner was “simply wrong” in claiming that the Japanese nuclear damage compensation act had not benefited individual Japanese citizens. He said it is the conduct of defendants TepCo and GE – which occurred in Japan – and not the plaintiffs’ place of residence that should determine jurisdiction over the case.

Sammartino indicated she will want further briefing from the attorneys before ruling on the motion to dismiss.

Read more at Sailors Fight to Keep Fukushima Radiation Case in US

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