Calif. Court Remands Asbestos Action, Says Amendment of Complaint Doesn’t Re-Start Removal Time Period

SAN FRANCISCO –– A California federal court has remanded an asbestos exposure action, rejecting a removing defendant’s position that the amendment of the complaint to add a wrongful death claim re-started the limitation period for removal.

In the March 28 opinion, the U.S. District Court for the Northern District of California said the wrongful death action was not distinct from the original complaint.

The plaintiffs contended in their complaint that Mark Lopez was exposed to asbestos-containing products, leading him to develop mesothelioma. In a second amended complaint filed in Oct. 2015, the plaintiffs named Hillshire, Honeywell, Allied Packing & Supply …