Preview:

Huffman et al v. American Optical Corporation et al

Doc. 39

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

FRED HUFFMAN, et al. Plaintiffs, v. AMERICAN OPTICAL CORPORATION, et al. Defendants. CIVIL ACTION NO. 2:10-cv-01002

MEMORANDUM OPINION AND ORDER Pending before the court is the parties' Unopposed Joint Motion of Plaintiffs and Petitioning Defendant for Remand [Docket 26]. For the reasons set forth below, the motion is GRANTED. I. BACKGROUND This case arises from the allegedly unlawful actions of Defendants American Optical Corporation ("American Optical"), and Raleigh Mine and Industrial Supply, Inc., Eastern States Mine Supply Co., and Crest Supply Co. (together "distributor-Defendants"). Plaintiffs allege in the complaint that Plaintiff Fred Huffman, a coal miner, was exposed to harmful dust as a result of his use of respirators bearing the American Optical brand and sold and distributed by one or more of the distributor-Defendants. On November 9, 2009, Plaintiffs filed a complaint in the Circuit Court of Nicholas County, West Virginia, asserting a negligence claim against American Optical, a strict liability claim against American Optical and the distributor-Defendants, and a loss of consortium claim for Plaintiff Nancy Huffman. American Optical filed a notice of removal on August 6, 2010, seeking to invoke this Court's diversity jurisdiction pursuant to 28 U.S.C.

Download 49267.pdf

West Virginia Law