Removal Argument Approaches Merits, Not Jurisdictional Issues, Remand Motion States

NEW ORLEANS -- Plaintiffs in a Louisiana welding rod lawsuit have moved to remand, arguing that the defendants' argument for removing the case requires the court to go beyond its discretion and examine the plaintiffs' claims on the merits, rather than determining the jurisdictional threshold issues presented by the removal. Babin, et al. v. A.O. Smith Corporation, et al., No. 04-1563 (E.D. La.).

In a motion filed July 2 in the U.S. District Court for the Eastern District of Louisiana, the plaintiffs contend that their conspiracy allegations against several defendants do not preclude a finding of negligence against certain non-diverse …