Defendant Says Court Shouldn't Consider Remand Ruling from Neighboring District

LONDON, Ky. - A defendant has moved to prevent plaintiffs in a Kentucky silica case that was removed from state court from supplementing their motion to remand with a recent decision from a nearby jurisdiction, which held that non-diverse retailers of products that allegedly caused the plaintiffs injuries were not fraudulently joined. Baker, et al. v. Minnesota Mining & Manufacturing Company, et al., No. 04-370 (E.D. Ky.).

In a motion filed May 12 in the U.S. District Court for the Eastern District of Kentucky, the American Optical Corporation claims that the plaintiffs should be prohibited from including the decision in …