STORY FROM: Asbestos
N.Y. Court Remands Asbestos Talc Case, Says Forum Defendants Properly Joined and Served Prior to Removal
April 18, 2019
NEW YORK –– A New York federal court has remanded an asbestos cosmetic talcum powder exposure lawsuit, finding that the in-state forum defendants were served prior to the completion of all three requirements necessary to effectuate removal.
As such, the U.S. District Court for the Southern District of New York said in its April 17 opinion, the two forum defendants were “properly joined and served” prior to removal.
“Therefore,” the court concluded, “the Forum Defendant Rule precludes removal on the basis of diversity of citizenship.”
Plaintiffs Betsey and Jody Hardman asserted the claims on behalf of Betsey Hardman, contending that ...