Fraud Suit Over Superfund Trust Payouts Remanded

By Nick Malinowski

Law360, New York (April 15, 2010, 2:27 PM ET) -- Finding that the case satisfied the local controversy exception to the Class Action Fairness Act, a federal judge has remanded a mass action against a raft of insurers, appraisers and Oklahoma state officials that alleges collusion and fraud in the distribution of payouts to homeowners for relocations from an Oklahoma Superfund site.

While the case should be considered a mass action under CAFA because there are more than 100 plaintiffs and the amount in controversy likely exceeds $5 million, it should be remanded to state court...
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