News & Analysis as of

Fraudulent Joinder Motion to Remand

Goldberg Segalla

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

Goldberg Segalla on

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,...more

Goldberg Segalla

Plaintiff’s Motion to Remand Granted Due to Lack of Fraudulent Joinder

Goldberg Segalla on

Court: United States District Court for the Western District of Washington   Plaintiff Jeffrey Cockrum alleged exposure to asbestos from his work as a laborer and laboratory technician at Alcoa Wenatchee Works, an aluminum...more

A&O Shearman

Second Circuit Affirms District Court’s Denial Of Motions To Remand, Finding That Removal Prior To Service Of The Complaints Was...

A&O Shearman on

On March 26, 2019, the United States Court of Appeals for the Second Circuit affirmed the removal and dismissal of claims brought against two pharmaceutical companies. Gibbons v. Bristol-Myers Squibb Company and Pfizer Inc.,...more

Robinson+Cole Property Insurance Coverage...

Eastern District of New York Magistrate Recommends Denial of a Motion to Remand and Recognizes the Application of the Fraudulent...

Recently, in Mallek v. Allstate Indem. Co. No. 17-CV-5949-KAM-SJB, 2018 U.S. Dist. LEXIS 42171 (E.D.N.Y. Mar. 12, 2018) [insert link], a federal magistrate in New York recommended that the Court deny a plaintiff’s motion to...more

Jaburg Wilk

Arizona Allows Insured to Avoid Removal by Naming Adjuster as Defendant

Jaburg Wilk on

In Chukly v. American Family Mut. Ins. Co., 2017 WL 3262541 (D.Ariz. Aug. 1, 2017) (Order), a breach of contract and insurance bad faith case arising from a homeowners claim after a microburst and “massive rain,” the Arizona...more

Searcy Denney Scarola Barnhart & Shipley

Biomet Hip MDL Judge Remanded Florida Cases to State Court

Plaintiffs, Griseth DeJesus, Chanton Harris and Rita Taranto sued in Florida State Court asserting that they were injured by hip implant manufactured by Biomet Inc. and Biomet Orthopedics LLC. According to the complaints,...more

Zelle  LLP

Texas Courts' Consistent Inconsistency on Improper Joinders

Zelle LLP on

Throughout the onslaught of the Texas hail litigation epidemic, policyholder lawyers and firms representing insurance carriers continue to battle over whether these cases belong in Texas state court or are more properly...more

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