Court Remands Claims, Finds Non-Diverse Defendant Remaining in Asbestos Action

SAN FRANCISCO -- A federal court has remanded an asbestos action, finding no evidence that the plaintiff had abandoned claims against the non-diverse defendant remaining in the lawsuit. Lantz v. DaimlerChrysler Corp., et al., No. 05-02698 (N.D. Calif.).

The July 8 order by the U.S. District Court for the Northern District of California granting the plaintiffs' motion to remand opined that the plaintiffs' counsel misspoke when stating that only one defendant remained in the matter.

DamilerChrysler removed the claims of Ernest and Malle Lantz, claiming that all of the non-diverse defendants originally named in the lawsuit had been dismissed. In …