Defendants Failed to Meet Federal Officer Removal Statute, Claims Motion to Remand

PHILADELPHIA -- Plaintiffs in a Pennsylvania class action welding rod exposure suit have filed a motion to remand their complaint, claiming that the defendants failed to satisfy three of the four prongs necessary in order to qualify for removal under the federal statute. Lester Davis and Ronald King, et al. v. Lincoln Electric Holding, Inc., et al., No. 04-CV-320-EL (E.D. Pa.).

The plaintiffs filed the motion to remand on Feb. 19 in the U.S. District Court for the Eastern District of Pennsylvania, stating that the government's lack of involvement with the production of welding rods leaves the defendant with no …