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5th Circ. Keeps Exxon Radiation Exposure Suits In Fed. Court

Law360, New York (January 10, 2018, 9:41 PM EST) -- The Fifth Circuit on Tuesday rejected Louisiana mass action plaintiffs’ bid to remand to state court their claims that ExxonMobil Corp. and other energy companies are responsible for injuries and property damage caused by radioactive material produced by their operations.

A split three-judge panel ruled that when the plaintiffs in a 2013 state court lawsuit with similar claims asked to participate in the trial of another state court case filed in 2002, the combined litigation became eligible for removal to federal court under the Class Action Fairness Act. The litigation is considered to be a mass action, rather than a class...

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