Girardi | Keese

Asbestos lawsuit will remain in Los Angeles Superior Court

When a legal case involves multiple companies and courts, a strong understanding of law and legal application is an important component of a solid case. For defendants in one personal injury case, delaying legal action caused an undesired result in a motion to move the case to federal court.

The case began when a California man filed a complaint in Los Angeles County Superior Court. The man alleged that he developed mesothelioma after exposure to asbestos.

The plaintiff named several defendants, including Ford Motor Company, Honeywell International and National Automotive Parts Association. On Feb. 19, the California-based defendants were dismissed from the case through a filing made by the plaintiff.

Ford filed a motion on March 21 to remove the case to a federal court. The defendant stated that a motion was allowed up to 30 days following the notice that state defendants were removed from the suit.

The plaintiff filed a motion on March 26 removing the case back to the state court. He stated that Ford received notice that the California defendants had been dismissed from the case on Feb. 10, because that was when the request was officially filed.

The judge remanded the case back to state court. In addition to the plaintiff's point about the 30-day deadline ending March 12, the judge also pointed out that the defendants waited until other defendants filed and lost a summary judgement in the state court. The judge said the defendant gambled on the outcome of that judgement before filing its motion for removal, which caused them to lose the motion.

Source: Legal Newsline Legal Journal, "Calif. asbestos lawsuit remanded after defendants ‘gambled’ their chances for removal" Heather Isringhausen Gvillo, Apr. 17, 2014

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