A string of recent decisions on remand motions illustrates that diversity challenges are alive and well in asbestos litigation. As the landscape of defendants changes as trial approaches, so do the defenses. Whether by settlement or dismissal, the remaining defendant or defendants have taken advantage of diversity issues to remove cases to more favorable federal jurisdictions with stark contrast in results. That contrast should give defendants cause for pause prior to removal.
Recently, in Wieland v. Arvinmeritor, Inc., a brake defendant removed the case …Continue Reading