Wis. Defendants Remove Benzene Action, Cite Diversity Jurisdiction

MADISON, Wis. -- Defendants in a Wisconsin benzene action have removed the complaint to federal court, arguing that the plaintiffs have included a defendant for the purposes of defeating diversity jurisdiction. Beaver, et al. v. ExxonMobil Corp., et al., No. 10-CV-375 (W.D. Wis.).

In a July 8 notice of removal filed in the U.S. District Court for the Western District of Wisconsin, the defendants cite a nearly identical complaint in which the defendant in question was dismissed for lack of evidence.

That defendant has since filed a motion for summary judgment and has asked the court to enter sanctions …