Category: Motion to Remand

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Motion to Remand / Ohio
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Court Finds No Fraudulent Joinder, Plaintiff Successful on Motion to Remand

Court: United States District Court for the Northern District of Ohio; April 28, 2023

This asbestos-related action was brought by plaintiff Carolyn Keiser on behalf of herself and as the executor of her husband, decedent David Keiser’s estate. The decedent was diagnosed with mesothelioma, which the plaintiff alleges was caused by his occupational exposure to asbestos from defendants Donald McKay Smith, Inc. (“DMS”), Red Seal Electric Company and Vanderbilt Minerals LLC.

Plaintiff originally brought this action in state court. Defendant Vanderbilt removed it to federal …

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Louisiana / Motion to Remand
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District Court Finds Defendant Has Colorable Federal Officer Statutory Defense, Denies Plaintiffs’ Motion to Remand

Court: United States District Court for the Eastern District of Louisiana

This is an asbestos-related lawsuit claiming that Shelton Boutte contracted lung cancer from alleged exposure to asbestos during his career as a rigger at the Avondale Shipyard from 1973 to 1975. Plaintiffs bring this lawsuit against defendant, Huntington Ingalls, as successor in interest and party responsible for the Avondale Shipyard. Plaintiffs originally filed this lawsuit in Civil District Court for the Parish of Orleans. Defendant removed the case to district court, and in response, …

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Motion to Remand / Pennsylvania
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Plaintiffs’ Motion to Remand Granted Based on Claim Disclaimer in Action against Boiler Manufacturer

U.S. District Court for the Middle District of Pennsylvania, August 2, 2022

Plaintiffs Kathryn and Earl Heilner filed a lawsuit against Foster Wheeler and 71 other defendants in the Dauphin County Court of Common Pleas to recover damages Earl allegedly sustained due to asbestos exposure, which caused him to develop lung cancer. The complaint asserted claims for product liability, breach of implied warranty, negligence, fraudulent concealment of the harmful nature of asbestos, conspiracy, and loss of consortium. Specifically, the plaintiffs alleged that Earl was exposed …

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