Federal Claims Must Meet Diversity Jurisdiction Burden

Law360, New York (November 7, 2017, 11:18 AM EST) -- On Aug. 28, 2017, the Third Circuit in Breeman v. Everingham (In re Paulsboro Derailment Cases) 2017 U.S. App. LEXIS 16393, dismissed the plaintiff's fear of cancer toxic tort claims arising out of an alleged injury from a chemical spill resulting from a train derailment.

Although the court's decision is unpublished, the opinion raises important considerations for challenging the underlying facts alleged to support diversity jurisdiction.

The Train Derailment Causes a Vinyl Chloride Spill

On Nov. 30, 2012, a southbound Consolidated Rail Corp. (Conrail) corporate freight train partially derailed, sending several cars off track and causing a significant chemical spill....

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