United States Seventh Circuit

In a "mass action" alleging injuries caused by negligent handling of chemicals, denial of a motion to remand to state court is affirmed where the Class Action Fairness Act grants federal jurisdiction when plaintiffs propose to try their claims jointly, and this requirement is met upon filing of a single complaint involving common questions of law or fact, even where plaintiffs do not actually seek class certification.

Appellate Information

• Decided 08/01/2008
• Published 08/01/2008

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and ROVNER and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• David S. Jasmer (submitted), Chicago, IL, for Petitioner.


• For Appellees:
  
• Daniel J. Mohan, Daley, Mohan & Groble, Chicago, IL, Lise T. Spacapan, Jenner & Block, Robert L. Shuftan, Wildman, Harrold, Allen & Dixon, Darren Mark Raven Van Puymbrouck, Conway & Mrowiec, Larry J. Chilton, Chilton Yambert Porter & Young, Chicago, IL, for Respondents.