SC Utility Customers Tell 2nd Circ. To Revive Nuke Plant Suit

Law360 (July 19, 2019, 5:48 PM EDT) -- Two South Carolina utility customers on Friday asked the Second Circuit to revive a suit against Westinghouse Electric Co. to recover payments made for an abandoned nuclear project, saying their claims arise from Westinghouse’s post-Chapter 11 acts.

In their brief Richard Lightsey and Jessica Cook argued that the district court had wrongly found their claims were barred because their cause of action arose from their relationship to Westinghouse before the company’s bankruptcy filing. They say the court ignored a previous Second Circuit ruling that post-petition actions, such as the end of the nuclear project, give rise to post-petition claims.

Lightsey and...

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