Plaintiff, American Optical Fight over Transfer of Silica Claims

MILWAUKEE, Wis. - A plaintiff whose silica claim was severed, transferred, then removed to federal court with only one of the several defendants initially named in the case, has moved to remand arguing that the transfer was incomplete and that the remaining defendants should be added before a determination on jurisdiction is made. Schueler v. American Optical Corp., No. 06-1076 (E.D. Wis.).

Janet Schueler filed the motion to remand Nov. 13 in the U.S. District Court for the Eastern District of Wisconsin, seeking her case's immediate return to Sheboygan County Circuit Court. Schueler was initially part of a multi-plaintiff silica …