Sergio Morris blames his mesothelioma diagnosis on three different sources of asbestos exposure and filed lawsuits against multiple companies. As one of the named defendants, Goodyear Tire & Rubber removed the case to federal court, but that decision was reversed. When Goodyear made a second attempt, the federal judge hearing the case said that the company had both waived its removal rights and lacked a reasonable basis for its second attempt. U.S. District Judge Barry W. Ashe ordered the case returned to Civil District Court in Orleans Parish and awarded Morris $1,000 in attorney’s fees and costs.
Mesothelioma Plaintiff’s Exposure Claims Involve Multiple Defendants
The mesothelioma victim blames his illness on asbestos exposure during his employment at the Kelly-Springfield tire manufacturing facility from 1965 to 1979, emissions from Avondale Shipyard located across the Mississippi River from his home from 1969 to 1974, and his use of talcum powder while caring for his daughter. Goodyear was named as successor to Kelly-Springfield, along with Louisiana companies Taylor-Seidenbach and Eagle.
The court granted Morris an expedited trial due to his age and mesothelioma diagnosis, scheduling the trial for September 29, 2025, but Goodyear removed the case to federal court just over a month before trial, claiming its co-defendants had been improperly joined for the purpose of remanding the case back to state court.
Mesothelioma Case Removal Twice Rejected on Waiver Grounds
Despite Goodyear’s claim, the mesothelioma litigation moved forward in state court, with the company actively participating: Its attorneys filed a partial summary judgment motion on strict liability, filed a reply memorandum, certified circulation of the hearing notice, and argued the motion at a hearing on August 21, 2025, all before removing the case.
Judge Ashe first remanded the case on September 17, 2025, holding that Goodyear’s participation in the mesothelioma litigation constituted a waiver of removal rights. Seven days later, Goodyear again removed the case, arguing that Mr. Morris had abandoned his claims against Eagle and Taylor-Seidenbach, but the judge rejected this argument, finding that while Morris may have abandoned Eagle by failing to serve it, he had not abandoned Taylor-Seidenbach, against whom he intended to present historical deposition evidence.
Mesothelioma Defendant Failed to Prove Improper Joinder
In reviewing the company’s argument, the judge noted that the mesothelioma victim had adequately pled that Taylor-Seidenbach supplied asbestos materials to Avondale Shipyard and that he had inhaled asbestos fibers emitted from that facility. He pointed out that Goodyear’s own expert had testified that Morris’s likely exposure to asbestos while residing near Avondale Shipyards increased his risk of developing the disease, and ruled that Goodyear had strictly pointed to Morris’s alleged lack of evidence rather than discrete undisputed facts precluding recovery. This represented a failure to meet the burden of proving improper joinder. He ruled against the company and ordered that it pay the victim $1,000 for the costs he incurred to defend against the company’s repeated motions.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
