New York Judge Remands Asbestos Case, Finds Joinder Was Not Fraudulent

NEW YORK - A federal judge in New York has remanded an asbestos case after finding that two defendants in the case had not been fraudulently joined as had been alleged by one of the removing defendants. Arseneault v. Congoleum Corp., et al., No. 01cv10657 (S.D. N.Y.)

Judge Lawrence M. McKenna of the U.S. District Court of the Southern District of New York remanded despite finding that plaintiffs had failed to sustain their burden of showing that the removing defendants had been given proper notice that the non-diverse defendants remained in the case.

The underlying claim was commenced in New …