United States Ninth Circuit

In case in which plaintiffs alleged that aerospace manufacturer-defendant released toxins into the groundwater around its facility in Auburn, Washington and that co-defendant was negligent in the investigation and remediation of the pollution, the district court's order remanding to state court, pursuant to the Class Action Fairness Act's (CAFA) local controversy exception, is affirmed where plaintiffs, who are 108 individuals who have property near the defendant's facility, adequately pled both that they were seeking 'significant relief' from co-defendant,and that co-defendant's alleged conduct formed a 'significant basis' for their claims, as required by CAFA's local controversy exception, 28 U.S.C. section 1332(d)(4)(A)(i).

Appellate Information

• Published 2016/05/05

Judges

• CALLAHAN

Court

• United States Ninth Circuit

Counsel