Federal MDL Judge Sends Railroad Worker's Case to State Court

CLEVELAND - The judge presiding over the federal welding fumes litigation has remanded to state court a lawsuit filed by an Amtrak worker, saying the complaint makes only one reference to a federal law and doesn't meet the "substantial federal question" grounds for removal. Carn v. BOC Group, et al., No. 1:06-CV-17087 (N.D. Ohio).

Judge Kathleen M. O'Malley granted the motion by James Carn on Dec. 15, sending the lawsuit to the Philadelphia County Court of Common Pleas, where it originated.

Carn, an employee of the National Railroad Passenger Corp. (Amtrak), sued his employer and five manufacturing defendants, alleging that …