Lack of Product ID Insufficient to Bolster Fraudulent Joinder Argument

NEW YORK - An asbestos plaintiff's failure to name the products that allegedly caused his injury is not grounds for fraudulent joinder, a federal district court judge has ruled in remanding the case to state court. Dexter v. ACandS, Inc., et al., No. 02-6522 (S.D. N.Y.).

Judge Richard Conway Casey of the U.S. District Court for the Southern District of New York ruled Nov. 18 that while the plaintiff's lack of recollection may eventually be sufficient to warrant an award of summary judgment to defendants, it is not grounds for demonstrating fraudulent joinder.

As a result, Judge Casey ruled that …