STORY FROM: Asbestos

Missouri Federal Court Remands Asbestos Action, Says Defendant Not Fraudulently Joined

KANSAS CITY, Mo. –- A Missouri federal court has remanded an asbestos action after finding that the removing defendant had failed to establish that the plaintiffs had fraudulently joined a defendant to the suit.

In an Oct. 3 opinion, the U.S. District Court for the Western District of Missouri said that plaintiffs’ intent to pursue claims against the defendant in question was irrelevant “in light of the undisputed fact that they have a reasonable basis in fact and law” to sue the company.

Plaintiffs Jack Holzer and Mary Bruesh-Holzer filed the claims in the Missouri Circuit Court for Jackson County, ...

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