Ohio Judge Remands Benzene Exposure Action to State Court

CLEVELAND - An Ohio federal judge has remanded a benzene exposure action to state court, ruling that defendants' removal of the action to federal court was untimely because they knew of facts relevant to the issue of fraudulent joinder as early as May 2011. Tolloty, et ux. v. Republic Services Inc., et al., No. 11-1644 (N.D. Ohio).

Judge Sara Lioi of the U.S. District Court for the Northern District of Ohio ruled that the 30-day time period for removal was triggered when defendants received the deposition transcript of a witness who stated that the non-diverse defendant was improperly joined. The …