Berniard v. Dow Chem. Co.
Citation: 40 ELR 20214
No. No. 10-30497, (5th Cir., 08/06/2010)
The Fifth Circuit affirmed a lower court decision remanding to state court residents' class action lawsuit against a chemical company in connection with a chemical release at one of its facilities. The Class Action Fairness Act authorizes federal jurisdiction over class actions where, among other things, the allegations demonstrate that the aggregate quantum of damages suffered by members of the plaintiff class will exceed $5 million. Based on the allegations contained in the pleadings in this case, the company simply failed to meet this burden.