Plaintiffs Move to Remand 400-Plaintiff Suit, Challenge Joinder Argument

PADUCAH, Ky. - Plaintiffs in a silica lawsuit that defendants recently removed to federal court have filed a motion to remand the case, claiming the removal notice was defective and that the defendants' allegations of fraudulent joinder and misjoinder fall flat. Adams, et al. v. Pulmosan Safety Equipment, et al., No. 04-123 (W.D. Ky.).

The remand motion was filed July 6 in the U.S. District Court for the Western District of Kentucky by nearly 400 plaintiffs who claim they suffered injuries as a result of their exposure to silica. Defendants had removed the case in June, claiming that the plaintiffs …