Texas Plaintiffs Move to Remand Case, Cite Lateness in Removal

CLEVELAND - Two Texas men with claims pending in the Welding Rod MDL recently moved to remand their cases to Texas court by reason of a 'procedural defect' and lack of federal subject matter jurisdiction. In re: Welding Fume Products Liability Litigation. MDL Docket No. 1535, (N.D. Ohio).

Saying the case was 'improperly' removed from Texas court, plaintiffs John Doherty (Doherty v. Lincoln Elec. Co. No. 1:04-cv-22639-KMO) and William Gober (Gober v. Lincoln Elec. Co. No. 1:04-cv-22640-KMO) filed a motion to remand on May 27 in the U.S. District Court for the Northern District of Ohio.

Doherty and Gober sued …