4 La. Nuisance Class Actions Must Remain In Fed. Court

Law360 (March 15, 2019, 10:47 PM EDT) -- Nuisance allegations brought by a resident of Jefferson Parish, Louisiana, over a nearby smelly landfill are not exempt from the Class Action Fairness Act and have to stay in federal court, a federal judge has ruled, deciding the law applied to it and three other similar suits.

U.S. District Judge Susie Morgan on Thursday said plaintiff Elias Jorge "George" Ictech-Bendeck's remand motion fails, because he could not show that the "local controversy exception" of the CAFA applied to his case. Once Judge Morgan decided the Ictech-Bendeck remand bid, she said the timing of complaints filed by plaintiffs in three similar cases...

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