N.Y. Court Remands Benzene-Related Action, Says No Federal Law Question Exists

  • Opinion

BUFFALO, N.Y. -- A federal court has remanded a class action, determining that the involvement of federal government agencies in the discovery of allegedly elevated levels of benzene in the New York town does not create a federal law question. DeLuca, et al. v. Tonawanda Coke Corp., et al., No. 10-859 (W.D. N.Y.).

In the Aug. 25 opinion, the U.S. District Court for the Western District of New York further found that because it lacked subject matter jurisdiction in the case, it could not address pending motions to dismiss filed by the defendant.

"These allegations do not create a federal …


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