United States District Court for the District of Montana.
Plaintiff Korey L. Aarstad, along with 191 other plaintiffs moved to remand their case back to state court in Montana on the basis that the case had been improperly removed under the local controversy exception to the Class Action Fairness Act (“CAFA”) (28 U.S.C. §1332(d)(4)(A)). Defendants BNSF Railway Company and John Swing opposed, arguing that the case had been properly removed as a mass action. Following the parties’ briefings before the Magistrate Judge, and the court’s …
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