Toxic Torts V. Dow To Remain In State Court: 9th Circ.

Law360, New York (March 30, 2009, 12:00 AM EDT) -- The U.S. Court of Appeals for the Ninth Circuit has affirmed a ruling against Dow Chemical Co. allowing hundreds of West African fruit plantation workers to file separate toxic tort suits in state court against the chemical maker under the Class Action Fairness Act of 2005.

Although Dow had lobbied for the separate lawsuits to be counted as a mass action eligible for removal to federal court, the appeals court on Friday agreed with the U.S. District Court for the Central District of California that the...
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