STORY FROM: Asbestos

N.Y. Court Remands Asbestos Case, Says Cleaver-Brooks Put on Notice of Federal Defenses Nearly 2 Years Before Removal

NEW YORK –– A New York federal court has remanded an asbestos personal injury action, concluding that the removal of the claims by defendant Cleaver-Brooks was untimely since the company was put on notice that federal defenses were available nearly two years before the notice of removal was filed.

In the March 9 order, the U.S. District Court for the Southern District of New York found that the detail in interrogatory responses submitted by the plaintiffs was sufficient enough to put the company on notice that it could remove the lawsuit.

According to the court, plaintiffs Frederick and Diana Brown ...

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