Court Remands Claims, Says Defendants Lost Right to Challenge Jurisdiction

INDIANAPOLIS -- A federal court has remanded a benzene action, finding that although none of the parties are Indiana residents, the defendants lost their right to challenge state court jurisdiction when responding to an amended complaint. Pribble, et al. v. Siegwerk USA Inc., et al., No. 06-1120 (S.D. Ind.).

The U.S. District Court for the Southern District of Indiana said in its March 28 remand order that had the defendants filed a motion to strike the first amended complaint -- which was filed without permission of the court -- they would have grounds on which to base removal.

According to …