Author Archives: Gregory M. McNamee

Lack of Service on Forum Defendants Fails to Defeat Removal Due to Diversity Jurisdiction U.S. District Court for the Eastern District of Louisiana, September 30, 2017

LOUISIANA — The plaintiffs originally filed their petition in the Civil District Court for the Parish of Orleans, State of Louisiana, after William Leech died of mesothelioma. The plaintiffs were residents of Arizona and named numerous defendants, including three who were Louisiana residents. Nine days after the petition was filed, and before any other defendants were served, defendant Honeywell International removed the action to federal court on the basis of diversity jurisdiction, which was uncontested. The decedent was a construction engineer who alleged asbestos exposure…

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