STORY FROM: Benzene & Emerging Toxic Torts Litigation
Md. Court Retains Jurisdiction of Benzene Case, Says In-State Defendant Fraudulently Joined
January 16, 2019
BALTIMORE –– A Maryland federal court has retained jurisdiction over a benzene case, finding that the plaintiffs had failed to prove that he had a viable suit against an in-state defendant in light of the fact that the underlying claims do not relate to the company’s winding up of its affairs.
In the Jan. 15 order, the U.S. District Court for the District of Maryland found that the company was not a proper party in the action and “its inclusion constitutes fraudulent joinder.”
Plaintiff James Coppage asserted the claims, contending that he was exposed to benzene-containing products while working for ...