Defendants' Removal 'Borders on Frivolous', Remand Motion Claims

SAN FRANCISCO -- The defendants' removal of a welding rod complaint to federal court was erroneous on grounds that it failed to demonstrate the plaintiffs could not prove claims against non-diverse defendants, a motion to remand filed recently in California contends. Janke, et al., v. BOC Group, et al., No. 04cv00941 (N.D. Calif.).

Filed March 22 in the U.S. District Court for the Northern District of California, the motion to remand states that the defendants' removal fails to address the theory of liability asserted against the non-diverse premises defendants named in the complaint for their alleged negligent supply of dangerous …