Louisiana Court Remands Creosote Railway Tie Case, Says Defendant Failed to Support Removal

NEW ORLEANS –– A Louisiana federal court has remanded a creosote exposure lawsuit, finding that the defendant had failed to establish that a federal forum was available to it.

In the Nov. 6 order, the U.S. District Court for the Eastern District of Louisiana found the removal on diversity and amount in controversy grounds was erroneous.

“[The] defendant has failed in its burden to prove that this Court has jurisdiction,” the court concluded.

The underlying lawsuit was brought by 28 individuals who contended that New Orleans and Gulf Coast Railway Co. stored creosote-treated railway ties near their residences. …