STORY FROM: Asbestos
Fla. Court Remands Asbestos Action Involving Talcum Powder Products, Says Removing Defendant Failed to Prove Fraudulent Joinder
March 21, 2017
MIAMI –– A Florida federal court has remanded a lawsuit alleging exposure to asbestos in talcum powder products, concluding that the plaintiffs had asserted allegations that non-diverse defendant Publix Super Markets Inc. should have known that the products it sold were dangerous.
In the March 10 order, the U.S. District Court for the Southern District of Florida found that while the removing defendant had presented evidence that Publix did not know that asbestos fibers could have been found in the talcum powder products, it failed to refute the plaintiffs’ allegations that the retailer should have known of these dangers.