Esther Lee Begay, Etc. v. The Kerr-Mcgee Corporation

The central issues in this appeal concern federal jurisdiction and choice-of-law under Erie Railroad Co. v. Tompkins, 304 U.S. 64 , 58 S.Ct. 817 , 82 L.Ed. 1188 (1938) (Erie). Over 200 disabled Navajo miners and their wives, including thirty-nine surviving widows of deceased miners (the Indians), appeal the district court’s order dismissing their amended complaint. We affirm.

I

The Indians claim that during their employment between 1948 and 1966 at uranium mines in the Navajo reservation leased and operated by appellees, Kerr-McGee Corp. and several other mining corporations (the companies), the miners were exposed to substantial amounts of radon radiation, causing lung cancer, other severe radiation-related injuries and, in some instances, death. Their second amended complaint alleged jurisdiction based upon diversity of citizenship and sought damages on theories of negligence, strict liability and intentional tort. Applying Arizona substantive law as required by Erie, the district court dismissed this complaint, “without prejudice,” for lack of subject matter jurisdiction, concluding that the sole remedy provided by Arizona law for the Indians’ alleged injuries is an…