ELR Citation: ELR 20251
No(s). 5:09-CV-000121 (W.D. Ky. Oct 21, 2009)

A district court denied motions to remand to state court residents' class action lawsuit against corporate farms for nuisance, negligence, and property damage. The residents originally filed suit in state court, but the farms removed the case to federal court under the Class Action Fairness Act (CAFA). The residents argue that the case should be heard in state court because the case falls within the "local controversy" exception to CAFA. However, the corporations are incorporated in and their principal place of business is in Tennessee. Accordingly, all of the defendants are citizens of Tennessee and the exception does not apply. Nor should the case should be remanded under the discretionary exception to CAFA.