W.Va. Federal Court Declines to Remand DuPont Worker’s Chemical Exposure Suit

CHARLESTON, W.Va. — A federal judge has denied remand sought by a maintenance worker at a DuPont Co. chemical plant in West Virginia, concluding that an intentional act claim against an in-state defendant cannot succeed and that there is, therefore, complete diversity between the parties.

Judge John T. Conover Jr. of the U.S. District Court for the Southern District of West Virginia noted in his June 3 opinion that the parties stipulated to the dismissal of the claims against the in-state defendant in April, rendering moot both the plaintiffs' pending motion to amend and the individual defendant’s motion to dismiss.