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Plaintiff’s Failure to Timely Amend Complaint Results in Court Dismissing Second Filed Complaint

Court: United States Court of Appeals for the Third Circuit

In 2016, plaintiff Richard Nybeck sued various product manufacturers in the Philadelphia County Court of Common Pleas, alleging he developed lung cancer after his occupational exposure to asbestos. Thereafter, the defendants removed the case to federal court pursuant to 28 U.S.C. §§ 1442(a)(1) and 1446.

The plaintiff initially filed a “short form” complaint which incorporated a master long form complaint by reference, instead of laying out defendant-specific facts and allegations. After the case was removed to federal court, …

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