In Re Asbestos Products Liability Litigation

801 F.Supp.2d 337 (2011)

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Nature of the Case

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Facts

P was diagnosed with mesothelioma on May 24, 2010. P and his wife Frances Graver (Ps), filed a complaint against various Defendants (Ds) alleging injury due to asbestos exposure. Allentown Cement Company (D) filed a Notice of Removal in the instant case. D's Notice of Removal avers that there is complete diversity between the parties; Ps are citizens of Pennsylvania and no remaining Defendant is subject to personal jurisdiction in Pennsylvania. D claims the case became diverse, and therefore removable, on April 11, 2011, when Philadelphia Court of Common Pleas Judge Sandra Mazer Moss granted summary judgment in favor of Crown Cork & Seal, the last remaining Pennsylvania Defendant in the case. D also argues that Crown was fraudulently joined.

Ps that the case did not become removable because only a voluntary dismissal of a non-diverse defendant causes a case to become removable. Ps opposed the motion for summary judgment and 'resisted any attempt' to dismiss Crown from the case. Ps request an immediate remand. Ps deny that Crown was fraudulently joined.