Asbestos Testing Company Wasn't Fraudulently Joined, Louisiana Judge Says

NEW ORLEANS - A decision by plaintiffs to name a company hired to monitor asbestos levels at a Kaiser Aluminum facility in Louisiana did not constitute fraudulent joinder, a federal judge has ruled. Poynter v. Kaiser Aluminum & Chemical Corp., No. 01-1824 (E.D. La.).

U.S. District Judge Helen G. Berrigan of the Eastern District of Louisiana ruled Aug. 20 that AES, the company contracted to oversee the environmental monitoring while Kaiser removed boilers from the plant, could potentially be liable for the asbestos-related injuries alleged by the plant workers.

"Despite Kaiser's self-nonserving satisfaction with its performance, the plaintiffs' claim is …