Miss. Judge Rejects Federal Question Jurisdiction and Remands Silica Lawsuit

HATTIESBURG, Miss. — A federal judge has rejected Moldex-Metric Inc.'s assertion of federal question jurisdiction and remanded to state court a lawsuit in which plaintiffs allege that defects in disposable respirators led to the silica-related lung injury and wrongful death of a family member.

Judge Keith Starrett of the U.S. District Court for the Southern District of Mississippi ruled Oct. 10 that allowing removal based on an expert’s cite to federal regulations would impermissibly expand federal question jurisdiction.

Ruby Jean Mealer and Michael Gene Mealer Sr. allege in a lawsuit filed in March 2012 in the Circuit Court of Jones …