Casey v. Goulian

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

Plaintiffs bring state-law nuisance claims, alleging that defendants are involved in noisy and dangerous stunt-airplane flights over their homes. Defendants removed this suit from state court on the ground that plaintiffs’ claims fall within this Court’s federal-question jurisdiction. The Court holds it lacks jurisdiction over this suit, and ALLOWS plaintiffs’ motion for remand.

DISCUSSION

I. Standard for Removal

A party seeking to remove a case to federal court has the burden of demonstrating the existence of federal jurisdiction. See, e.g.,…