Last October, Paula Corin filed a personal injury claim against forty-three different companies, blaming them for exposing her to the asbestos that caused her malignant pleural mesothelioma. Her suit was filed in the Los Angeles County Superior Court, and the day after she filed, Colgate-Palmolive removed the case to the U.S. District Court on the basis of diversity. When Ms. Corin filed to have the case removed to her local county court, the district court agreed, saying that the consumer giant’s petition was substantively defective.
Colgate Argues for Mesothelioma Claim to be Heard in Federal Court
Asbestos companies and companies accused of negligence in mesothelioma claims tend to prefer having the claims heard in federal court, where they believe juries are less sympathetic to plaintiffs. Whenever possible, they take legal actions to remove the cases to federal courts, and in this case, did so based on Ms. Corin being a resident of Washington state and other defendants not being based in California.
In response to Colgate Palmolive’s removal of her mesothelioma claim to federal court, Paula Corin asked the court to remand her claim back to Los Angeles County. She argued that Colgate’s Notice of Removal was “fatally defective” because it failed to allege the citizenship of any of the parties. The court agreed.
Judge Refuses Colgate Palmolive’s Third Attempt to Remedy Its Mistakes
When the judge hearing the mesothelioma claim noted the errors in Colgate Palmolive’s original removal and said that its conclusory statement was insufficient, Colgate responded by asking to amend its notice. The judge responded by saying that it could refuse to grant leave where the amendment would be futile, and that most defendants file formal motions, but that Colgate had simply supplied a single sentence. The judge said that even if that sentence could be viewed as an official motion to amend, it would still be futile because of fatal defects.
In concluding, the judge said that Colgate offered no evidence of complete diversity in support of its original claim. He wrote, “Colgate has had two bites at the apple – the Notice and the Opposition – and still fell short; the Court refuses to grant it a third. The claim will be returned to the Los Angeles court.
If you or someone you love has been diagnosed with malignant mesothelioma, you need the support of experienced advisors. The Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
