3M Cites Federal Enclave Jurisdiction in Removal of Rock-Crusher Suit

ATLANTA - Defendant 3M has removed a state court silica case, arguing that the plaintiff testified that his alleged dust exposure occurred at a military installation. Kirkland v. 3M Company, et al., No. 04-02152 (N.D. Ga.).

In a notice for removal filed recently in the U.S. District Court for the Northern District of Georgia, 2M asserts that federal enclave jurisdiction exists over the claims of Clark Kirkland who sued several defendants earlier this year in Fulton County State Court, alleging that he developed silicosis as a result of exposure to silica created from rock-crushing processes.

According to the 3M, Kirkland …