Legal Opinion
West Virginia Ex Rel. McGraw v. Minnesota Mining & Manufacturing Co.
District Court, S.D. West Virginia
Decided January 25, 2005No. CIV.A.2:03-2161PublishedCited by 5 opinions
1Opinion of the Court
ORDER
COPENHAVER, District Judge.
Pending are plaintiffs motion to remand, filed October 10, 2003, and defendants’ joint motion to amend their notice of removal, filed November 17, 2003. 1
I. Factual and Procedural Posture
On August 6, 2003, plaintiff instituted this action in the Circuit Court of Lincoln County. The case arises out of the ostensible failure of countless respirators/dust masks used primarily by those working in the mining industry in West Virginia. As a result of the devices’ alleged shortcomings, plaintiff asserts it has incurred an enormous financial liability. Specifically,…
2Cases cited51 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
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- Navarro Savings Assn. v. LeeSupreme Court of the United States · 1980
- State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc.West Virginia Supreme Court · 1995
- Patricia J. Mayes v. Stanley Rapoport Judith Rapoport David Key, D/B/A Key Coffee Roasters, IncorporatedCourt of Appeals for the Fourth Circuit · 1999
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3Cited by5 opinions
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- Innovative Medical Products, Inc. v. FelmetDistrict Court, M.D. North Carolina · 2006
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