W.Va. Defendants Ask Federal Court to Reconsider its Remand Order



DOCUMENTS
  • Motion
  • Order


CHARLESTON, W.Va. - Defendants in a mobile-home construction defect case asked a federal judge on May 1 to alter or amend his April 18 judgment remanding a mold case to West Virginia state court. Harrison v. Adams, No. 2:05-0411 (S.D. W.Va.).

Skyline Corporation, Georgia-Pacific Corp. and Liberty Mutual Fire Insurance Corp. contend that the court committed legal error in ordering remand 'where federal question jurisdiction clearly exists' and where the only in-state defendant was fraudulently joined.

The Skyline defendants also maintain that it would be a 'manifest injustice' to order remand where discovery is complete and dispositive motions on federal …






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