Parties Dispute Jurisdiction in Pa. Class Action; Lawsuit Transferred to MDL

PHILADELPHIA - Defendants in a Pennsylvania class action are opposing the plaintiffs' motion to remand, arguing that application of the Federal Officer Removal Statute is not precluded by the fact that the defendants' products were available commercially. Meehan, et al. v. Lincoln Electric Co., et al., No. 05-CV-302 (E.D. Pa.).

In a Feb. 22 opposition to remand filed in the U.S. District Court for the Eastern District of Pennsylvania, the defendants in the class action contend that the federal government controlled every aspect of the production of the defendant's welding rod consumables.

'And of key importance, the federal government …