When Elsie Louise Graham died of malignant mesothelioma, her family filed suit against numerous defendants they accused of exposing her to asbestos through the talcum powder products, including the owner of a local market where she had purchased the powders. In response, the consumer giants named in the case argued that the case should be heard in federal court and that the market had been improperly served and fraudulently added for the sole purpose of keeping the claim local. Despite the companies’ objection, the U.S. District Court for the District of Oregon allowed the claim to be remanded to the state.
Talc Companies Accuse Mesothelioma Victim’s Family of False Joinder
When Ms. Graham’s family filed its mesothelioma claim, they included Young Suk Chang, owner of Woodvillage Market & Deli, as a defendant. The summons and complaint were delivered to his wife and co-worker when he was not present. The other defendants — Johnson & Johnson, Janssen Pharmaceuticals, Inc., and others — argued that the service was inappropriate because Mr. Chang had not personally been served and that the market had been joined to the claim specifically to defeat removal.
Mesothelioma claims filed in state court can be removed to federal court unless there is a defendant in the same state as the claimant. Companies often argue that this rule is the only reason that local defendants are included in the claim, and accuse the plaintiffs of something called fraudulent joinder.
Judges Uphold Mesothelioma Victim’s Family’s Request to Remand
In its review of the mesothelioma case, the judges of the District Court for the District of Oregon rejected the larger companies’ claims. They first determined that serving the market owner’s wife— who was the only employee in the store—with the complaint was appropriate and met the standard for legal service of the complaint. They also denied the claim of fraudulent joinder, noting that arguments about the legitimacy of the accusation of negligence against the market were not appropriate at this point in the case. The lawsuit will be returned to Oregon’s court system.
If you or someone you love has been diagnosed with malignant mesothelioma, it’s important that you are working with advocates who know the ins and outs of the system. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
