Respirator Defendant Moves to Sever Miners' Silica Claims Following Removal

LONDON, Ky. - A respirator defendant in two silicosis lawsuits filed on behalf of nearly 250 miners has moved to sever the case after removing it to federal court, arguing that the claims do not meet requirements for permissive joinder under Rule 20 of the Federal Rules of Civil Procedure. Asher, et al. v. Minnesota Mining and Manufacturing Co., et al., No. 04-522; Adams, et al. v. Minnesota Mining and Manufacturing, et al., No. 04-521 (E.D. Ky.).

In motions filed Oct. 20 in the U.S. District Court for the Eastern District of Kentucky, American Optical Corp. contends that by joining …