Eyak Native Village v. Exxon Corporation

Opinion by Judge HUG.

This case requires us to determine whether the district court’s denial of motions to remand cases removed from an Alaska state court was error. This interlocutory appeal concerns the removal of over 160 separate cases brought in the Superior Court of the State of Alaska. Plaintiffs sued Exxon and Alyeska under Alaska law for the injuries caused by the Exxon Valdez oil spill. The cases proceeded in state court for several years before defendants Exxon and Alyeska removed the eases to district court on the basis that federal questions had arisen justifying removal. The issue on appeal is whether removal to federal court was appropriate.

The appeal is from five district court orders (Nos. 80, 83, 91, 92, 108) denying motions to remand to the Superior Court of the State of Alaska a number of different removed cases. We granted permission to appeal pursuant to 28 U.S.C. § 1292 (b), and we now affirm in part and reverse in part.

I.

GENERAL BACKGROUND OF LITIGATION

Hundreds of eases were filed in both the Alaska Superior Court and the federal district court seeking relief from Exxon and Alyeska for various injuries caused by the March 1989 Exxon Valdez oil…