Del. Court Recommends Remand of Asbestos Case, Cites Post-Removal Disclaimer

WILMINGTON, Del. –– A Delaware magistrate judge has recommended that an asbestos case be remanded after determining that the plaintiffs had effectively disclaimed any federal cause of action successfully in their motion to remand.

In the July 16 opinion, Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware wrote that the disclaimer outlined in the plaintiffs’ complaint was substantively distinct from one asserted in post-removal papers.

The plaintiffs alleged in the lawsuit that Francis J. Dougherty developed mesothelioma after having been exposed to asbestos-containing products during his service in the U.S. Navy.

In the …