STORY FROM: Asbestos

Louisiana Court Remands Asbestos Lawsuit, Says Citizenship of Bankrupt Defendant Still Factor

NEW ORLEANS –– A Louisiana federal court has remanded an asbestos exposure lawsuit, saying that a bankrupt defendant’s citizenship is still relevant for the purposes of determining whether diversity jurisdiction exists.

In the Nov. 10 opinion, the U.S. District Court for the Eastern District of Louisiana rejected Foster Wheeler’s position that since it was the only remaining defendant in the case against which claims could actively be pursued, federal jurisdiction was proper.

The plaintiffs asserted the claims on behalf of Paul Poche, contending that he developed mesothelioma as a result of exposure to asbestos-containing products. The suit was originally filed ...

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