STORY FROM: Asbestos
Court Remands Asbestos Case, Rejects Accusation that Plaintiffs Didn’t Pursue Claims Against Non-Diverse Defendant
March 2, 2016
SAN FRANCISCO –– A California federal court has remanded an asbestos action, rejecting the removing defendant’s position that the plaintiffs did not pursue claims against a non-diverse defendant in good faith.
In the Feb. 24 opinion, the U.S. District Court for the Northern District of California said that if the plaintiffs had not presented evidence to rebut the defendant’s accusation of bad faith, denial of the motion to remand would be proper. But since the plaintiffs had presented evidence to counter the defendant’s allegation, the court found remand was appropriate.
Plaintiff Richard and Donna Cesarin originally filed the asbestos personal ...