Federal Court Declines to Return Ex-Foundry Employees’ Class Action to State Court

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Class actions allow multiple individuals who suffered a common personal injury to file a single lawsuit against a defendant or group of defendants. Typically, the plaintiffs who file the class action decide whether or not to bring their case in state or federal court. But in some cases, the defendants may force the “removal” of a class action from state to federal court.

A 2005 law, the Class Action Fairness Act (CAFA), permits defendants to do this. CAFA provides for removal when there are more than 100 plaintiffs in the class, the amount they seek is more than $5 million, and at least one plaintiff is a resident of a different state than at least one of the defendants. However, removal is not allowed when the class action arises from “an event or occurrence in the State in which the action was filed, and that allegedly resulted in injuries in that State or in States contiguous to that State.”

Spencer v. Specialty Foundry Products Inc.

The U.S. 11th Circuit Court of Appeals, which has federal appellate jurisdiction over Georgia, recently addressed the application of this “local controversy” exception to a pending class action from Alabama. This case, Spencer v. Specialty Foundry Products Inc., involves a group of 230 individuals who previously worked at a metal foundry in Alabama. The plaintiffs actually worked at the foundry at different times ranging between 1981 and 2017.

The crux of the plaintiff’s lawsuit was they were exposed to toxic chemicals during their time at the foundry. The foundry itself went out of business in 2017. The plaintiffs therefore filed their class action against a number of companies that “marketed, manufactured, distributed, and sold products used at the foundry.” It was these products, the plaintiffs allege, that caused their toxic exposure.

The plaintiffs filed their class action in Alabama state court. One of the defendants then removed the case to federal court under the CAFA. The plaintiffs asked the federal court to remand (return) the case back to state court, noting that “all of the claims … arise from an event or occurrence in the State in which the action was filed.” In other words, this was a “local controversy” that belonged in Alabama state court.

The judge agreed and granted the motion to remand, although on grounds other than the local controversy exception, which the court found did not apply here. The defense then filed an immediate appeal with the 11th Circuit. That court determined the local controversy exception did not apply at all, and reversed the trial court’s decision to remand.

The exception expressly applies to “an event or occurrence.” The appeals court said that could refer to “a singular harm-causing moment in time, as well as a contextually connected series of incidents that culminates in that harm-causing event or occurrence.” But it could not broadly cover “any continuing set of circumstances in a single location, regardless of when and how the harm came about,” which is what the plaintiffs here alleged. The 11th Circuit offered the following analogy: “[I]t would stretch this phrase beyond its ordinary meaning to say that a game between the Braves and the Mets in one season and another game between the Braves and the Marlins, years later, are part of the same event or occurrence simply because both games involve the same team playing the same sport.”

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Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

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A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

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We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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