Confusion over Defendant's Status in Asbestos Case Not Grounds For Removal

DALLAS - Confusion over what defendants remain in a case where only one of the defendants is not diverse is not grounds to remove a claim for asbestos-related injuries, a federal court has ruled. Jones v. Hasbro, Inc., et al., No. 02-CV-2032 (N.D. Texas).

In an order remanding the case to state court, Judge Jorge A. Solis of the U.S. District Court for the Northern District of Texas ruled that the federal court did not have jurisdiction over the asbestos case because it hadn't been presented with any evidence that the non-diverse defendant had settled with the plaintiff. Nor was …