Ruling on the Motion to Dismiss in the Navy/ Fukushima Litigation

A few days ago the district court in the Navy/ Fukushima litigation (Cooper v. TEPCO) issued a ruling on TEPCO’s motion to dismiss. Key takeaways: the court dismissed the plaintiffs’ claims for design defect and intentional infliction of emotional distress, along with all claims by unnamed “DOE” plaintiffs, but otherwise denied the motion. In particular, the court refused the dismiss on the basis of forum non conveniens, and chose not to abstain on the basis of international comity. The ruling is available here.

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