Miss. Silica Plaintiff Moves to Remand, Say Defendants’ Removal Notice is Untimely

NATCHEZ, Miss. –– A silica plaintiff with claims set for trial this month in Mississippi state court has challenged the recent removal of his suit, contending that the defendants’ removal notice was filed more than one year too late.

In the Aug. 29 motion to remand filed with the U.S. District Court for the Southern District of Mississippi, the plaintiff argued that the defendants first became aware that one of the non-diverse companies named in the suit had not been served with a complaint and summons in June 2013.

In the original complaint –– filed in Jan. 2013 in the …