Isakson v. Schaeffler Group USA Inc., et al.

Summary

The United States District Court for the Western District of Missouri grants Plaintiffs’ motion to remand an environmental contamination personal-injury action to Missouri state court. The court concludes that Plaintiffs stated a colorable claim against the nondiverse Burns & McDonnell defendants, so fraudulent joinder did not apply.

Holdings

1. Burns & McDonnell was not fraudulently joined because Plaintiffs stated a legally viable claim and Missouri law could impose liability on Burns & McDonnell under the facts alleged.
2. Arguments that Plaintiffs could not ultimately establish causation or that some claims might be barred by a statute of limitations, statute of repose, or another affirmative defense did not establish fraudulent joinder and were matters for the state court to determine.

Questions Presented

1. Whether Burns & McDonnell was fraudulently joined as a nondiverse defendant such that removal was proper.
2. Whether the allegations against Burns & McDonnell stated a colorable claim under Missouri law despite Defendants' arguments concerning causation, the statute of limitations, the statute of repose, and other affirmative defenses.

Disposition

remanded