Conrail Can't Bring Vinyl Chloride Spill Row To Fed. Court
By Sean McLernon
Law360, New York (February 12, 2013, 7:27 PM EST) -- A Pennsylvania federal judge on Friday blocked Consolidated Rail Corp.'s bid to take to federal court a medical monitoring suit brought by 54 New Jersey residents over a vinyl chloride spill, even though Conrail properly made the removal request before it had been served with the suit.
The federal removal law seems to allow defendants who haven't been properly joined and served to bump a case out of state court, but U.S. District Judge Michael M. Baylson said Friday that the statute shouldn't be read literally...