BUFFALO, N.Y. — Attorneys representing Buffalo residents impacted by years of drinking water without fluoride faced off on Thursday against attorneys representing the City of Buffalo and other defendants about where to try this class-action lawsuit.

“All of the claims that we’ve brought in this lawsuit are under New York State law, and under New York common law there are no federal causes of action in our complaint,” said Robert Corp, attorney for the plaintiffs at Lipsitz, Green, Scime, Cambria LLP.

Attorneys for the defendants gave no comment.

This is one of three lawsuits filed against the city regarding fluoride. 

The first was filed in January 2023 and is essentially the same as this one. This suit is the only one being actively prosecuted.

That was part of the hang up in Thursday’s arguments.

Because there are two class-action suits on file, this suit could fall under the jurisdiction of the federal courts, which is favored by the defendants.

The plaintiffs argued that this suit has no broader reach than the city and should be remanded to state court. 

Corp said he hoped the lawsuit would move more quickly if remanded to state court.

No decision was made yet by U.S. District Court Judge John Sinatra.