Defendants Argue Silica Transporter Can't Be Held Liable

EAST ST. LOUIS, Ill. - Defendants sued in an Illinois lawsuit for allegedly transporting products that caused a plaintiff to develop silicosis have removed the claim to federal court, arguing that the company was fraudulently joined. Bergman v. U.S. Silica, No. 06-356 (S.D. Ill.).

In a removal petition filed May 5 in the U.S. District Court for the Southern District of Illinois, Kerr-McGee and Tronox LLC argue that Lotz Trucking cannot be held liable under Illinois law for causing plaintiff James Bergman's alleged silica-related injury. Therefore, the defendant was fraudulently joined and diversity of the parties warrant adjudication of the …