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Cabana v. Forcier

ELR Citation: 31 ELR 20765
Nos. No. CIV.A.99-40071-NMG, 148 F. Supp. 2d 110/(D. Mass., 06/20/2001)

The court dismisses for lack of subject matter jurisdiction a suit against a trucking company by an individual that alleged he suffered permanent physical injuries as a result of transporting hazardous waste for the company. The individual asserted federal question jurisdiction on the ground that his claims arose under a variety of federal statutes. The court first holds, however, that none of the individual's complaints specifically cited any of the statutes; they merely relied on them to establish the standard of care for the individual's state negligence claims. The court next holds that none of the federal statutes the individual relied on provide for a private cause of action. The court further holds that federal law is not essential to the state-law causes of action alleged by the individual.

[Counsel not available at this printing.]

Gorton, J.