Plaintiffs in Benzene Case File Emergency Motion to Remand, Says In-State Defendant Not Fraudulently Joined

BALTIMORE –– Plaintiffs asserting benzene claims in Maryland have filed an emergency motion to remand the action, saying that the removing defendants wrongfully removed the case on the incorrect premises that there is no legitimate Maryland defendant.

In the notice of removal, filed Dec. 11 in the U.S. District Court for the District of Maryland, defendants Union Oil Company of California and Ashland LLC maintained that the citizenship of each of the named defendants is diverse from the plaintiff’s citizenship.

The removing defendants also alleged that the lone Maryland corporation, JHB Inc., was fraudulently joined and adopted Articles of Dissolution …