6th Cir.: Diversity-Destroying Special Fund Can't Intervene in Respirator Case

CINCINNATI - A state-administered fund that pays dust-related workers' compensation claims is an arm of the Commonwealth of Kentucky and should not have been allowed to intervene in a complaint filed against several manufacturers of respiratory protection devices, a federal appeals court has ruled. Baker, et al. v. Minnesota Mining and Manufacturing Co., et al., No. 02-5385, 02-5415, 02-5455 (6th Cir.).

In an unpublished opinion released recently, the Sixth Circuit U.S. Court of Appeals reversed a district court decision remanding the case. The federal panel determined that allowing the fund to defeat diversity jurisdiction by intervening in the case violates …