Defendants' Refusal to Join Removal Irrelevant to Remand Issue, Brief States

HATTIESBURG, Miss. - Defendants in a Mississippi silica case not yet among those transferred to the MDL in Texas have responded to plaintiffs' motion to remand the case, arguing that the joinder of plaintiffs and defendants in the case is so fraudulent and egregious that it deserves extraordinary scrutiny by the federal court. Andrews, et al. v. Clark Sand Company, et al., No. 03-293 (S.D. Miss.).

In their response filed Sept. 12, defendants contend that the federal district court defer ruling on the remand motion until it has been decided whether the case should be transferred to the silica MDL …