E.D. Louisiana Finds Removal Untimely, Remands Asbestosis Case to State Court

NEW ORLEANS - A federal district court in Louisiana has ruled that a subsequently served defendant's removal was untimely and has remanded the case to Louisiana state court, where it was originally filed. Turner v. Mine Safety Appliances Co., No. 01-0325 (E.D. La.).

The U.S. District Court for the Eastern District of Louisiana found on April 27 that subsequently served defendants cannot remove a state civil suit if the first-served defendant had not.

According to the court, the case was removable 30 days from September 7, 1999, when the original defendant, Mine Safety Appliances Co., was served.

Although the plaintiffs …