The plaintiff brought an action for alleged development of mesothelioma as a result of asbestos exposure on April 15, 2014. After the plaintiff passed on July 7, 2015, his wife filed a second amended complaint, adding a wrongful death and survival claim on October 28, 2015. The defendant removed the case based on diversity jurisdiction and the plaintiff’s moved to remand as untimely.
Although the removal statute requires removal within 30 days from date of service of the complaint, the defendant relied upon two arguments …
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