STORY FROM: Benzene & Emerging Toxic Torts Litigation
Plaintiffs Back Efforts to Remand PCBs Exposure Lawsuit, Says Monsanto Didn’t Act Under Color of Federal Officer
March 15, 2016
ST. LOUIS –– Plaintiffs asserting a PCB exposure lawsuit have filed a brief supporting their motion to remand, saying that that despite the defendant’s attempt to “muddle things,” Monsanto did not act under the color of any federal officer.
In a reply brief filed March 1 in the U.S. District Court for the Eastern District of Missouri, the plaintiffs maintained that there was no basis for federal officer jurisdiction since the claims involve a “private company, based in Missouri, simply attempting strategically to move tort litigation to federal court.”
“The court thus need not resolve any doubt about this basis ...