Allen v. Boeing Co.

In 2013, Plaintiffs filed an action against the Boeing Company and Landau Associates (Landau) in a Washington state court alleging that from the 1960s to the present years Boeing released toxins into the groundwater around its facility in Auburn, Washington and that for over a decade Landau, Boeing’s environmental-remediation contractor, had been negligent in its investigation and remediation of the pollution. Based on these allegations, Plaintiffs asserted state law claims of negligence, nuisance, and trespass. Boeing removed the action to a federal district court based on diversity jurisdiction and the Class Action Fairness Act (CAFA). The district court remanded the case to state court, concluding (1) contrary to Boeing’s allegations, Landau was not fraudulently joined, and thus there was not complete diversity; and (2) Plaintiffs’ action came within the local single event exception to CAFA federal jurisdiction. The Ninth Circuit vacated and remanded, holding (1) the district court correctly determined that Boeing failed to show that Landau was fraudulently joined; but (2) Plaintiffs’ action does not come within the local single event exception to CAFA, and therefore, the district court has federal jurisdiction under CAFA. Remanded. View "Allen v. Boeing Co." on Justia Law