STORY FROM: Asbestos
Ore. Court Remands Asbestos Suit, Says Separating State-Based Claims Would Cause ‘Unnecessary Cost, Delay’
February 5, 2018
PORTLAND, Ore. –– An Oregon court has remanded an asbestos lawsuit, finding that since the plaintiffs had waived any claims relating to exposure on U.S. Naval ships, separating state-based claims would cause “unnecessary cost, delay, and risk of inconsistent verdicts.”
In the Feb. 2 opinion, the U.S. District Court for the District of Oregon found that the defendants had valid grounds for removal at the time they removed the claims, but that the plaintiffs’ post-removal waiver of federal-related claims justified remand.
The plaintiffs asserted the claims on behalf of Rex D. Pelker Jr., contending that he developed lung cancer as ...