Texas Defendant Moves to Dismiss W.Va. Claims, Cites Jurisdictional Issues

CHARLESTON, W.Va. -- Texas defendant Aeriform has re-filed a motion to dismiss in a nearly 2,000-plaintiff West Virginia welding rod lawsuit, arguing that the additional discovery time period plaintiffs requested in order to respond to the original motion to dismiss has passed. Adames, et al. v. AGA Gas, et al., No. 04-44 (N.D. W.Va.).

Filed Aug. 30 in the U.S. District Court for the Northern District of West Virginia, the motion reasserts the argument that West Virginia's long-arm statute is not satisfied with regard to claims against Aeriform, thus precluding any and all of the plaintiffs' claims against the Texas-based …