Baker, et al. v. Martin Marietta Materials, et al., No. 12-2779 (8th Cir. 2014)
Annotate this CaseCitizens of the City filed suit against the quarry defendants in Missouri state court, asserting various state-law tort claims. The quarry defendants removed to federal district court and the district court issued an injunction prohibiting the citizens from pursuing their claims. The citizens appealed the district court's denial of their motion to remand to state court and its issuance of the injunction. The court concluded that the quarry defendants have not met their burden of establishing the district court's jurisdiction over the citizens' claims. Therefore, removal was improper and the district court erred in denying the motion to remand. Accordingly, the court reversed the denial of the motion to remand; vacated the order enjoining the citizens from pursuing their claims in any forum; and remanded with directions to remand the case to Missouri state court.
Court Description: Civil case - Civil Procedure. The district court erred in denying plaintiffs' motion to remand to state court their action asserting state-law tort claims for private nuisance, intentional infliction of emotional distress and negligence per se as the court did not have federal-question or ancillary jurisdiction over the claims. Judge Beam, concurring.
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