Category Archives: Remand/Removal

District Court Relies on Plain Language of Forum-Defendant Rule in Denying Plaintiff’s Emergency Motion to Remand U.S. District Court for the Eastern District of Louisiana, February 29, 2016

The plaintiff filed an asbestos-related lawsuit in Louisiana state court. Defendant Honeywell filed a notice of removal on the basis of diversity, without knowing that its registered agent in Louisiana was personally served one day before filing the removal. At the time of removal, no other defendant had been served. The plaintiff filed a motion to remand, arguing that Honeywell could not remove because one of the defendants (Burmaster) was a resident of Louisiana. The plaintiff also argued Honeywell “jumped the gun” by removing before…

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Case Remanded to State Court Despite Defendant’s Claim Plaintiffs Acted in Bad Faith with Claims Against Non-Diverse Defendant U.S. District Court for the Northern District of California, February 24, 2016

In this case, Asbestos Corporation, Ltd. (ACL) removed the action to federal court on the ground of diversity. The plaintiffs moved to remand, arguing that ACL removed the action past the one year deadline to do so. ACL responded that the missing of the deadline to remove is excused since the plaintiffs acted in bad faith by maintaining a claim against a non-diverse defendant, J.T. Thrope & Sons, Inc. (JTTS), to prevent removal. The plaintiffs responded that they were active in prosecuting those claims in…

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Federal Court Remands Case to State Court Based on Plaintiff’s Waiver of Federal Claims Against Removing Defendant U.S. District Court for the Northern District of California, February 12, 2016

On June 15, 2015, plaintiffs Charles Ford and Carol Ford filed an action in the Alameda County Superior Court alleging state law claims for Mr. Ford’s exposure to asbestos from numerous defendants. Defendant Foster Wheeler Energy removed the matter to federal court in November 2015 following Mr. Ford’s testimony that he worked aboard the USS Oklahoma City while working for the Bethlehem Shipyards in the late 1960s. In December 2015, the laintiffs filed a notice of waiver, which stated that they waive any claims against…

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Federal Magistrate Judge Recommends Denial of Plaintiff’s Motion to Remand in Two Cases Originating in Delaware U.S. District Court for the District of Delaware, February 5, 2016

In two nearly identical cases from the District of Delaware, the magistrate judge issued a report and recommendation, recommending the denial of the plaintiffs’ motion to remand to state court. In the first case, the plaintiff husband and wife alleged that the husband developed mesothelioma through exposure to asbestos while serving as a boiler tender in the Navy, while working at the shipyard, and through personal automotive work. In the second case, the plaintiff husband and wife alleged that the husband developed mesothelioma through asbestos…

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