Petition of the day

Issue: (1) Whether the Third Circuit is correct in its view that the “single event or occurrence exception” to “mass actions” under the Class Action Fairness Act, 28 U.S.C. § 1332(d)(11)(B)(ii)(I), applies when the record merely “demonstrates circumstances that share some commonality and persist over a period of time” such as forty years of alleged releases by different owners, of different materials by different mechanisms – or the Ninth Circuit is correct in its view that it applies only in “cases involving a single event or occurrence, such as an environmental accident;” and (2) whether the Third Circuit incorrectly assigned the burden with regard to such an exception to the petitioner.