Defendant Dismissed from Lawsuit Five Years Ago Wasn't Fraudulently Joined in New Claim, Court Says

ST. LOUIS - A federal judge in Missouri has again remanded an asbestos wrongful death claim after finding that one of the defendants was not fraudulently joined in the suit and remains potentially liable, despite having the same case against it dismissed several years ago. Pender, et al. v. Bell Asbestos Mines, LTD., et al., No. 4:01cv369 (E.D. Mo.).

Judge Catherine D. Perry of the U.S. District Court for the Eastern District of Missouri said May 30 that for the second time she lacks subject matter jurisdiction over the case because plaintiffs have alleged legitimate state law claims against Missouri-based …