Untimely Service Prompts Navistar’s Dismissal From Lung Cancer Asbestos Suit

SPRINGFIELD, Mo. — A judge in Missouri has dismissed Navistar Inc. from an asbestos lung cancer case after the plaintiffs failed to adequately explain why it took nearly seven months to serve the defendant once the case was removed to federal court.

Judge Greg Kays of the U.S. District Court for the Western District of Missouri ruled Oct. 3 that although there was evidence indicating that a process server hired by the plaintiffs previously misrepresented that all defendants had been served with the state court complaint, there was no similar, viable explanation for the plaintiff’s failure to serve Navistar after …