In Re Successor Liability Claims Against Bairnco Corp.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the Plaintiffs’ motion to remand. For reasons discussed below, the Court GRANTS the Plaintiffs’ motion and REMANDS this action to the Circuit Court of Kanawha County. The Court chooses not to award attorney fees and costs.

The Defendant, Bairnco Corporation, asserts this case was properly removed based on two principal grounds. First, Bairnco claims a state court order severing issues of successor liability results in complete diversity between Bairnco and the Plaintiffs, and thereby permits removal to federal court. Alternatively,…