Ind. Benzene Parties Dispute Whether Removal Consent was Proper

INDIANAPOLIS -- Indiana benzene plaintiffs have filed a brief supporting their motion to remand, saying that the defendants' removal was procedurally flawed in that it failed to obtain proper consent from all the named defendants. Pribble, et al. v. Siegwerk USA Inc., et al., No. 06-1120 (S.D. Ind.).

The plaintiffs claim in the U.S. District Court for the Southern District of Indiana filing that the defendants presented no evidence in their opposition to a remand motion that Shell Oil Co. or Ashland Inc. authorized Dow AgroSciences to file a notice of removal on their behalf.

'In the present case, …