Occupational Safety & Health Reporter℠

Imerys Wins 11th Cir. Review of Workplace Exposure Mass Action

Nov. 13, 2019, 10:03 PM

Imerys Minerals USA Inc. convinced the Eleventh Circuit Nov. 12 to consider the “event or occurrence” exception to the Class Action Fairness Act that is the subject of a circuit split.

The lower court applied the exception to send a mass tort action brought by 229 workers alleging workplace exposure to toxic or carcinogenic chemicals back to state court where it was filed.

But Imerys and nine other defendants argued the claims arise from different exposures to different products at different times—not the single occurrence contemplated by the exception. The U.S. Court of Appeals for the Eleventh Circuit has never...

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