Federal Court in Texas Retains Jurisdiction of Dispute Over Fees in Silica Settlement

HOUSTON – A federal judge has decided to retain jurisdiction in a suit by silica plaintiffs over millions of dollars in settlement proceeds, rejecting defense arguments that the parties are not diverse or that the court should abstain in favor of a state-court probate proceeding.

Judge Nelva Gonzales Ramos of the U.S. District Court for the Southern District of Texas said April 1 that plaintiffs can voluntarily dismiss one dispensable defendant, thereby assuring diversity, but must amend their complaint to re-state their claims against the remaining defendants.

However, Judge Gonzales Ramos also found that the plaintiffs, who are all former …