News & Analysis as of

Remand Asbestos Litigation

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

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

Steptoe & Johnson PLLC

PA Superior Court Permits Incomplete Deposition Testimony and Affidavit of “Unavailable Witness” to oppose Summary Judgment in...

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In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps,...more

Kramer Levin Naftalis & Frankel LLP

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

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

Nexsen Pruet, PLLC on

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

Moore & Van Allen PLLC

4th Circuit Offers Defendants Seeking Federal Jurisdiction Relief Denied by Other Circuit Courts: Remands to State Court Obtained...

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Last week, the Fourth Circuit Court of Appeals kicked off the holiday by giving thanks for the power to prevent parties from reaping the benefits of fraud perpetrated against the federal courts. The Fourth Circuit decided in...more

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