N.J. Federal Court Remands Asbestos Case, Rejects Defense Reliance on ‘Voluntary-Involuntary Rule’

NEWARK, N.J. – A New Jersey federal court has remanded an asbestos case, finding that the defendants’ reliance on the “voluntary-involuntary rule” was misplaced since orders dismissing the in-state defendants were not solely predicated on the fact that the motions were unopposed.

In the July 28 order, the U.S. District Court for the District of New Jersey opined that “mere failure to oppose a dispositive motion does not demonstrate affirmative consent to dismissal.”

Plaintiff Harold Brown contended in his lawsuit that his work as a mechanic led him to encounter asbestos-containing products. After three of the in-state defendants were voluntarily …