STORY FROM: Asbestos

Miss. Court Dismisses Asbestos Case, Says Court Lacks Federal Subject-Matter Jurisdiction

JACKSON, Miss. –– A Mississippi federal court has dismissed an asbestos complaint in a sua sponte order, opining that the plaintiff has failed to show that the court possessed federal subject-matter jurisdiction.

In the June 6 order, the U.S. District Court for the Southern District of Mississippi noted that, despite requests to do so, the plaintiff has failed to establish that any of the defendants acted under the color of federal law.

Plaintiff Joe S. Kirkland filed the underlying pro se complaint, naming Ingalls Shipyard, John Manville, and Fibre Board as defendants. In the lawsuit, Kirkland said that he was ...

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