STORY FROM: Benzene & Emerging Toxic Torts Litigation

Plaintiff Asserting PCBs Exposure Claims Asks Missouri Court to Remand Case

ST. LOUIS –– A plaintiff asserting a polychlorinated biphenyls exposure lawsuit has moved to remand the action, maintaining that not every federal facility is a federal enclave, “and the requirements for establishing such status are exacting.”

In the May 16 motion to remand filed in the U.S. District Court for the Eastern District of Missouri, the plaintiff said that the defendant has not establishing that federal enclave jurisdiction, diversity of citizenship, and the federal officer removal statute are present in the underlying proceedings.

Plaintiff Kathleen R. Olson filed the underlying complaint, contending that she developed non-Hodgkin’s lymphoma, malignant melanoma, or ...

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