Defendants Assert 'Innocent Seller' Statute in Opposing Remand

CLEVELAND -- Defendants in a Mississippi welding rod case pending in the Welding Rod Products Liability Litigation MDL have defended their removal of the claims, contending that the state's 'Innocent Seller' statute applies to the lawsuit, thus making several of the defendants improperly joined. In re: Welding Rod Products Liability Litigation, MDL Docket No. 1535 (N.D. Ohio).

In an April 26 opposition brief filed in the U.S. District Court for the Northern District of Ohio, the defendants additionally claim that their removal was timely and that the Federal Officer Removal Statute applies to a number of the plaintiffs claims.

In …