West Virginia Says Respirator Companies' Removal Notice is Flawed, Moves to Remand

CHARLESTON, W.Va. - The State of West Virginia, which recently sued several respirator manufacturers to recover millions of dollars in workers' compensation benefits paid to silica-exposed miners has moved to remand the case on grounds that it was improperly removed. State of West Virginia, ex rel. Darrell V. McGraw Jr. v. Minnesota Mining and Manufacturing Company, No. 2:03-2161 (S.D. W.Va.).

The state filed the motion to remand on Oct. 10 in the U.S. District Court for the Southern District of West Virginia. In the accompanying memorandum, the state says that the three respirator companies that removed the case from the …