United States Ninth Circuit

In a class action alleging that for over 40 years Boeing released toxins into the groundwater around its facility in Auburn, Washington, and that Landau was negligent in its investigation and remediation of the pollution, the district court's judgment is: 1) vacated as to the order remanding the case to state court, where plaintiffs' actions do not come within the local single event exception to federal jurisdiction under the Class Action Fairness Act (CAFA); 2) affirmed as to the denial of Boeing's allegation of fraudulent joinder, and accordingly there is not complete diversity; and 3) remanded to district court for initial consideration of whether plaintiffs' actions come within the local controversy exception to federal jurisdiction under CAFA.

Appellate Information

• Decided 04/27/2015
• Published 04/27/2015

Judges

• Callahan

Court

• United States Ninth Circuit

Counsel