STORY FROM: Benzene & Emerging Toxic Torts Litigation
La. Federal Court Remands Benzene Action, Says Removal Was Untimely
August 27, 2018
NEW ORLEANS –– A Louisiana federal court has remanded a benzene action, finding not only that the removal of the action was untimely but additionally that the defendants failed to show that the lone in-state defendant was fraudulently joined.
In the July 31 order, the U.S. District Court for the Eastern District of Louisiana opined that the removing defendants could not show that the plaintiffs acted in bad faith by delaying discovering its claim against the in-state defendant.
In their complaint, Amon and Sandra Merritt contended that Amon Merritt’s exposure to benzene-containing products led him to develop chronic myeloid ...