In his personal injury claim against multiple asbestos companies, mesothelioma victim Jeffrey Cockrum alleges that he was exposed to asbestos while working at Alcoa’s aluminum smelting facility in Wenatchee. After a series of legal maneuvers, the 77-year-old victim was forced to appeal Alcoa’s corporate successor Howmet Aerospace having removed the case to federal court. That removal was overturned and the company was assessed attorneys’ fees based on what the court called their “objectively unreasonable” actions.
Mesothelioma Victim’s Addition of Washington-Based Defendant Draws Legal Action
After being diagnosed with epithelioid mesothelioma, Mr. Cockrum filed his lawsuit in King County Superior Court in Washington state. He later added North Coast Electrical Company, a Washington corporation to his claim and in response, Alcoa’s corporate successor Howmet Aerospace removed the action to federal court based on diversity of jurisdiction. When the victim then dismissed the federal case and refiled in Washington state court, Howmet removed the case again, this time alleging that they had the right to do so because they said that North Coast was a sham defendant.
The mesothelioma victim denied this accusation of fraud. He indicated that North Coast was an appropriate defendant and filed a motion to remand in order to have the case returned to the Washington state court. In its review, the U.S. District Court of the Western District based in Seattle agreed, and ultimately sanctioned Howmet Aerospace by awarding the victim attorney and court fees.
Court Stresses Legal Standard in Mesothelioma Case and Failure to Establish Fraudulent Joinder
In its review of the arguments on both sides, the court noted that Howmet’s argument against the mesothelioma victim failed to meet the legal standards demanded for cases involving asbestos exposure. The law only required Cockrum to demonstrate having been exposed to asbestos and that the exposure was a substantial factor in the development of his illness, while Howmet was arguing there was no proof of him having been exposed to North Coast’s specific product. The court said this was not required at this point in the proceedings.
In assessing sanctions against Howmet Aerospace, the court noted that they were able to award attorney’s fees “only where the removing party lacked an objectively reasonable basis for seeking removal,” and that though it may be that North Coast is later proven to be cleared of the charge, “Howmet’s brief repeatedly attempts to place the burden on Cockrum to demonstrate sufficient evidence exists that would make their claim successful.” They called this and other of Howmet’s assertions “absurd” and awarded costs and fees to the victim.
If you or someone you love has been diagnosed with malignant mesothelioma, you need reliable support and resources. For help, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
