STORY FROM: Asbestos

La. Court Remands Asbestos Case, Says Removal on Eve of Trial Was Improper

NEW ORLEANS – A Louisiana federal court has granted an emergency motion to remand an asbestos case, finding that the removal of the complaint on the eve of trial was improper because the plaintiff has a chance of recovery against the lone remaining in-state defendant.

In the Sept. 14 order, the U.S. District Court for the Eastern District of Louisiana wrote that “while it is far from conclusive, [the evidence] certainly raises a material issue of fact” as to the in-state defendant’s liability.

William Gregory Bozeman contended in his complaint that he developed malignant mesothelioma as a result of asbestos ...

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