Federal Judge in Maryland Remands 49 Thimerosal Cases

BALTIMORE - A federal judge remanded 49 thimerosal products liability cases in which the plaintiffs claim that their children sustained injuries as a result of exposure to the mercury-based preservative as well as toxic emissions from power plants owned by Baltimore Gas & Electric and Constellation Energy Group.

According to U.S. District Judge Andre M. Davis' Dec. 18 opinion, the cases can proceed through state court because the two Maryland-based power companies are not fraudulently joined to defeat diversity jurisdiction. In addition, U.S.C. § 1441(b) states 'the presence of 'properly joined and served' defendants that are citizens of the forum …