Jeffrey Hill, individually and on behalf of all others similarly situated v. Airgas USA LLC, et al.

Summary

The United States District Court for the Western District of Washington granted Jeffrey Hill’s motion to remand his putative class action alleging violations of Washington’s Equal Pay and Opportunities Act pay-transparency requirements. The court held that Hill’s allegations of viewing a job posting and applying without interviewing, negotiating salary, or experiencing other concrete harm did not establish Article III standing. The court remanded the action to King County Superior Court because it was not absolutely certain that Washington state courts would dismiss the claims.

Holdings

1. Hill lacked Article III standing because his complaint alleged only a statutory violation and did not allege concrete harm beyond applying for a job without interviewing, negotiating salary, or otherwise experiencing injury.
2. When a removed case lacks Article III standing and therefore lacks federal subject-matter jurisdiction, the district court must remand the case to state court.
3. The court declined to dismiss under the futility exception because it was not absolutely certain that a Washington state court would dismiss Hill's claims after remand.

Questions Presented

1. Whether Hill alleged an injury in fact sufficient to establish Article III standing.
2. Whether the absence of Article III standing required remand of the removed action to state court.
3. Whether the narrow futility exception permitted the federal court to dismiss rather than remand because a Washington state court would necessarily dismiss the action.
4. Whether the court should reach defendants' arguments concerning CAFA and diversity jurisdiction.

Disposition

remanded