Acuna v. Brown & Root Inc.

200 F.3d 335 (5th Cir. 2000)

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Nature of the Case

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Facts

Ps total over one thousand individuals who brought suit in Texas state court against Brown (Ds), companies, for alleged personal injuries and property damage arising from Ds' uranium mining and processing activities. Rebecca Garcia and approximately600 other plaintiffs brought suit alleging similar claims against a partially overlapping set of Ds, most of whom were also engaged in uranium mining activities in another area of Texas. All the Ps alleged that they were exposed to and injured by Ds' mining and processing activities. Ds removed the cases to the federal district court. The court issued pre-discovery scheduling orders that required Ps to establish certain elements of their claims through expert affidavits. Ps were to detail for each P, the injuries or illnesses suffered, the materials or substances causing the injury and the facility thought to be their source, the dates or circumstances and means of exposure to the injurious materials, and the scientific and medical bases for the expert's opinions. Ps submitted just over one thousand form affidavits from a single expert, Dr. Smith. Each identified a series of illnesses and effects that can occur as a result of uranium exposure and stated that the relevant plaintiff suffered from some or all of them. Dr. Smith had reviewed the medical data and had come to the conclusion that exposure to uranium and its by-products had reached clinically significant doses. The affidavits also included a list of scientific studies and materials. The magistrate judge found that the responses did not comply with the scheduling order. Ps were given an additional month to comply. The supplemental affidavits did not provide any new information regarding the specific claims of the vast majority of Ps. The cases were dismissed. Ps appealed. In the Garcia case, Ps submitted one affidavit by Dr. Smith to cover all the claims. That case was also dismissed. Ps appealed.