A California District Judge has ordered 3M Company to pay a mesothelioma victim $5,000 in attorneys’ fees after their removal of a case to federal court was deemed to be without “an objectively reasonable basis.” The company had attempted to remove Gary and Elizabeth Haeck’s lawsuit despite clear precedent against their legal position.
3M Attempts to Take Advantage of Summary Judgment Decision Against Mesothelioma Victim
It is common for companies named in mesothelioma lawsuits to remove the case to federal court. The federal courts tend to be friendlier to defendants than state courts, whose juries are more sympathetic to victims and often provide more generous compensation for the harm that they’ve suffered. But for a claim to be removed, there must be no state in common between the plaintiff and the defendants. If there is a state in common, the case will be remanded back to the state.
After Mr. Haeck was diagnosed with malignant mesothelioma, the California couple filed a lawsuit in state court, as the list of defendants included California-based companies. But when they settled with four of those defendants and the case against the fifth was granted summary judgment, 3M Co. had the case removed to federal court, noting that there were no longer any California defendants.
Dismissal of California Defendant in Mesothelioma Case Deemed Involuntary
The Haecks filed a motion to remand their mesothelioma claim back to state court and requested that the court grant them attorneys’ fees. They argued several points, with the most important being that they’d fought against summary judgment being granted to the fifth California defendant, and that because that dismissal had been involuntary, the case did not qualify for removal. They pointed to a previous decision by the Ninth Circuit in support of their position.
Though 3M Co. admitted that their removal had been in conflict with the Ninth Circuit’s ruling, they argued that the decision did not involve a “meaningful presentation or analysis of the issue.” District Judge Edward Chen disagreed, saying that he “declines 3M’s invitation to eschew such a well-settled legal rule.” He agreed with the mesothelioma victim that the removal had been improper. Though he did not grant the Haecks the full amount of attorneys’ fees that they requested, he found a portion of what they sought to be reasonable and ordered 3M to pay them fees and costs in the amount of $5,000.
If you or someone you love has been affected by asbestos, the Patient Advocates at Mesothelioma.net can help you get the resources you need. Contact us today at 1-800-692-8608.
