ELR Citation: ELR 20252
No(s). 2:09-CV-108 (N.D. Ind. Oct 14, 2009)

A district court denied motions to remand to state court individuals' class action nuisance lawsuit against 11 industrial companies stemming from their release of toxic chemicals in and around East Gary, Indiana. The individuals originally filed the suit in state court, but the companies removed the case to federal court under the Class Action Fairness Act (CAFA). The individuals argue that the case should be heard in state court because the "home-state" exception to CAFA applies. At least two-thirds of the proposed plaintiff class will be citizens of Indiana. However, only 2 of the 11 companies are citizens of Indiana, and for the home state exception to apply, all primary defendants must be citizens of Indiana. In addition, no evidence supports the individuals' claim that the relief sought against those two companies is significant when compared to the other named defendants. Accordingly, the "local controversy" exception to CAFA also does not apply.