Miss. Federal Court Remands Silica Action, Cites Defect in Notice of Removal

NATCHEZ, Miss. –– A Mississippi federal court has remanded a silica exposure action, concluding that the removing defendants had failed to establish that the lone remaining diverse defendant was “merely a nominal party.”

In the Oct. 14 ruling, the U.S. District Court for the Southern District of Mississippi wrote that in light of Bullard’s standing as a defendant in the case, the removing defendants should have obtained consent from the company to remove the pleadings.

In their complaint, the plaintiffs contended that River Sampson’s work as a sandblaster at T.P. & Dick Groom Construction, Marathon LeTourneau and Cooper Lighting over …