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Remand Asbestos

Goldberg Segalla

California Federal Court Grants Plaintiffs’ Application to Remand in Asbestos Action

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Court: United States District Court for the Central District of California - In this action, plaintiff Sondra Scott alleges asbestos exposure from her personal use of various talcum powder products including, but not limited...more

Goldberg Segalla

Jury Verdict Reversed and Remanded on Appeal in California

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Court: Court of Appeal of California, First Appellate District, Division Two -   Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have...more

Goldberg Segalla

Plaintiff’s Motion to Remand Granted in Leopold v. Air

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U.S. District Court for the Southern District of Illinois - In Leopold v. Air, plaintiff Debra Leopold filed an asbestos action in the Circuit Court for the Third Judicial Circuit, Madison County, Illinois. Defendant...more

Goldberg Segalla

Talc Manufacturer’s Removal Motion Denied Joinder; Case Remanded to State Court

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Jurisdiction: United States District Court for the Southern District of New York; September 18, 2023 Plaintiff Ann Greenberg’s asbestos-related lawsuit against defendants Johnson & Johnson and Kolmar Laboratories asserts...more

Goldberg Segalla

Removal of Case Based on the Federal Officer Removal Statute by Shipyard Defendant Upheld

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United States District Court for the District of Louisiana - In this asbestos action, the plaintiff, Wilson Goffner Sr., alleged he developed lung cancer as a result of his work as a shipfitter at the Avondale Shipyard...more

Goldberg Segalla

Talc Case Remanded as Defendant Failed to Show Complete Diversity or Improper Joinder

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U.S. District Court for the Southern District of Texas, Houston Division, March 17, 2022 - In this asbestos action, plaintiff Naomi Wisener alleged that several defendants manufactured or supplied asbestos-containing...more

Miles & Stockbridge P.C.

En Banc Fifth Circuit Strips Away Confusion re Government Contractor Removal

On February 24, 2020, in Latiolais v. Huntington Ingalls, Inc., the Fifth Circuit joined the Third, Fourth, and Eleventh Circuits in applying the plain language of the revised Federal Officer Removal Statute, 28 U.S.C. §...more

Husch Blackwell LLP

Seventh Circuit Holds Government Contractor Only Required To Provide Short And Plain Statement Asserting Basis For Removal

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In a recent decision, the Seventh Circuit Court of Appeals held that a defendant’s removal of an asbestos case was valid, even though it did not provide evidence supporting its federal contractor defense. No. 18-2582 (7th...more

Herbert Smith Freehills Kramer

Third Circuit Remands W.R. Grace Decision Concerning Plan Channeling Injunction and Insurance Providers, Providing Additional...

In the wake of asbestos bankruptcies brought on by mass tort liabilities, reorganization plan structures, like that in Johns-Mansville, often funneled asbestos-related claims into a settlement trust, while a “channeling...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 1, 2018

Welcome to our inaugural issue of Product Lines—our e-newsletter focusing on toxic torts and products liability news and issues. As we all know, there are many issues that arise in this complex area of the law every day. We...more

Steptoe & Johnson PLLC

PA Superior Court Answers Question of Whether Fair Share Act Applies to Strict Liability Asbestos Claims

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On December 28, 2017, the Pennsylvania Superior Court published an anticipated ruling on whether the Pennsylvania Fair Share Act, 42 Pa. C.S. 7102, applies to strict liability claims in the context of an alleged...more

Nexsen Pruet, PLLC

The Fourth Circuit, En Banc, Addresses Removal / Remand Litigation

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In Barlow v. Colgate Palmolive Co., 772 F.3d 1001 (4th Cir. 2014), an en banc decision, the United States Court of Appeals for the Fourth Circuit considered two cases where plaintiffs allegedly misrepresented their intent to...more

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