Constitutional Law Keyed to Rotunda
Silkwood v. Kerr-McGee Corp.
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Karen Silkwood was contaminated at the Oklahoma Kerr-McGee Corp. (Defendant) plutonium plant where she worked. The plant was regulated by the Nuclear Regulatory Commission pursuant to the Atomic Energy Act. The contamination level was so high that Silkwood’s personal belongings in her home had to be destroyed. Shortly thereafter, Silkwood was killed in an unrelated car accident. Silkwood’s father (Plaintiff), sued under tort law for injuries. The jury found for Plaintiff, granting an award of $500,000 for personal injuries, $5,000 for property damage, and $10,000,000 for punitive damages. The Court of Appeals for the Tenth Circuit reversed all but the $5,000 award for damages, citing workers’ compensation laws limits on personal injuries and federal regulatory law preemptions on punitive damages. Plaintiff appealed to this Court, seeking review of the ruling on punitive damages.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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