West Virginia Court Remands Asbestos Action after Plaintiffs Voluntarily Dismiss Bankrupt Defendant

CHARLESTON, W.Va. –– A West Virginia federal court has remanded an asbestos action, after the plaintiffs opted to voluntarily dismiss a defendant who recently filed for Chapter 11 bankruptcy.

In the Jan. 28 order, the U.S. District Court for the Western District of West Virginia noted that none of the other defendants opposed the plaintiffs’ motion to remand the proceedings, which have been ongoing in state court for three years.

John Edward and Gloria Davis asserted the claims, contending that John Davis was injured after years of asbestos exposure.

Consolidated Aluminum Corp. (Conalco), however, removed the action, contending that …