DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192072P.pdf 07/08/2021 John Kitchin v. Bridgeton Landfill
U.S. Court of Appeals Case No: 19-2072
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Gruender, Author, with Benton and Stras, Circuit Judges]
Civil case - Class Action Fairness Act. Plaintiffs alleged their property
near Lambert International Airport had been contaminated by radioactive
waste left over from the Manhattan Project;defendants removed the action
to federal court, alleging federal-question jurisdiction existed under the
Price-Anderson Act and CERCLA and that diversity jurisdiction existed
under the Class Action Fairness Act (CAFA); the district court concluded
that federal-question jurisdiction did not exist and that the
"local-controversy" exception to CAFA applied and granted plaintiffs'
motion to remand to state court; the court has jurisdiction over the
appeal of the remand order under 28 U.S.C. Sec. 1291; the district court
erred in remanding the case under the local controversy exception because
plaintiff failed to show that the conduct of defendant Rock Road
Industries - the only Missouri-citizen defendant and thus the only
possible local defendant for purposes of the exception - formed a
significant basis for the claims asserted in the complaint; the order
remanding the case to state court is reversed, and the matter is remanded
for further proceedings. Judge Stras, concurring in the judgment.