Texas Judge Denies Defendants' Motion to Reconsider Remand

HOUSTON -- A Federal Judge in Texas has denied a motion for reconsideration of remand filed by defendants in a welding rod lawsuit, finding that the defendants failed to timely oppose the plaintiffs' motion to send the case back to state court. Montalbano, et al. v. Lincoln Electric, et al., No. H-04-1661 (S.D. Texas).

In an order issued June 4, Judge Kenneth M. Hoyt of the U.S. District Court for the Southern District of Texas stated that even if the defendants had contested the plaintiffs' motion in a timely manner, remand is proper because federal question and diversity jurisdiction removal …