Big Three's Ambiguous Notice of Consent Precludes Removal in Asbestos Cases

CHARLESTON, W.Va. - A U.S. District Court judge in West Virginia has ordered the remand of three friction product asbestos cases because the defendant automakers failed to receive the official and unambiguous consent of their co-defendants to remove the cases to federal court . Dorsey, et al. v. Borg-Warner Automotive, Inc., et al., No. 2:02-0850, 2:02-0851, 2:02-0852 (S.D. W.Va.).

In an opinion issued Sept. 4, Charles H. Haden II of the U.S. District Court for the Southern District of West Virginia found the removal improper because the Big Three Automakers, in place of the tag-along defendants, signed the consent to …