Defendants Argue over Decision to Stay 400-plaintiff Kentucky Silica Case

PADUCAH, Ky. - Defendants in a nearly 400-plaintiff silica case filed recently in Kentucky are embroiled in a battle over whether a federal judge had the authority to stay the case pending transfer to the silica MDL, while a motion to remand the claims is pending. Adams, et al. v. Pulmosan Safety Equipment Co., et al., No. 04-123 (W.D. Ky.).

In a motion filed Sept. 3, several defendants asked the U.S. District Court for the Western District of Kentucky to ignore a motion filed in August by two non-diverse co-defendants requesting that the court set aside the stay imposed on …