Silica Claim Does Not 'Relate To' or 'Arise In' Defendant's Bankruptcy Case, Judge Says

CHARLESTON, W.Va. - A federal judge has ruled that he does not have jurisdiction over a coal miner's silicosis case that was removed by defendants who argued that the claims arose in and were related to the Chapter 11 proceedings of a bankrupt defendant. Simpkins v. Energy Development Corp., et al., No. 04-1208 (S.D. W.Va.).

In an order entered Jan. 19, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia remanded the claims of Tony Simpkins after determining that they were premised upon state law and that the subject defendant's bankruptcy proceedings were …