STORY FROM: Asbestos

MDL Court Retains Jurisdiction of Asbestos Action, Finds No Colorable Claims Against Lone Non-Diverse Defendant

PHILADELPHIA –– The court overseeing the national multidistrict litigation docket for asbestos personal injury claims has denied a plaintiff’s motion to remand, ruling that the inclusion of Crown, Cork & Seal Co. Inc. as a defendant in the action was made in bad faith since there was no colorable ground support the underlying claims.

In the Aug. 11 order, the U.S. District Court for the Eastern District of Pennsylvania opined that since the defendant was joined for the purpose of destroying diversity jurisdiction, federal jurisdiction was proper.

Plaintiff William Ney brought the underlying claims on behalf of his wife, Loretta ...

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