Respirator Defendants Allege Fraudulent Joinder of Retailers, Comp Fund

LONDON, Ky. - Defendants in a silicosis lawsuit filed by several Kentucky coal miners are claiming that the plaintiffs joined product retailers and the state workers' comp fund to the case in an effort to destroy diversity even though they have no colorable claim against the defendants. Baker, et al. v. Minnesota Mining & Manufacturing Company, et al., No. 03-470 (E.D. Ky.).

In a motion opposing the plaintiffs' motion to remand the case to Leslie County Circuit Court, the defendants contend that the miners' attempts to prevent removal of the case by naming defendants who cannot be held liable for …