Peruvians' Toxic Tort Is Removed To State Court

Law360, New York (March 20, 2008, 12:00 AM EDT) -- A federal judge has agreed with a group of Peruvian children who were allegedly injured by exposure to toxins at a smelting plant in La Oroya, Peru, that their tort claims against the American companies who control the site should be removed from federal to state court.

In a memorandum and order handed down Tuesday, Judge Catherine Perry of the U.S. District Court for the Eastern District of Missouri said that the plaintiffs' claims arise under state law and therefore the federal court lacks subject matter...
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