Defendants Allege Fraudulent Joinder, Misjoinder in Removal of 450-plaintiff Silica Case

PADUCAH, Ky. - Defendants in a Kentucky silica lawsuit brought by more than 400 plaintiffs have removed the case to federal court, arguing that the plaintiffs have been fraudulently misjoined to the suit under the federal rules of civil procedure. Adams, et al. v. Pulmosan Safety Equipment, et al., No. 04-123 (W.D. Ky.).

The notice of removal was filed June 3 in the U.S. District Court for the Western District of Kentucky by several of the nearly 100 defendants named in the complaint, which alleges a variety of injuries resulting from exposure to silica dust.

According to the notice, the …