In re Asbestos Products Liability Litigation

801 F. Supp. 2d 337 (2011)

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In re Asbestos Products Liability Litigation

United States District Court for the Eastern District of Pennsylvania
801 F. Supp. 2d 337 (2011)

  • Written by Heather Whittemore, JD

Facts

David and Frances Graver (plaintiffs) filed a lawsuit in Pennsylvania state court against several companies (the defendant companies) (defendants) after David was exposed to asbestos and diagnosed with mesothelioma. The Gravers were Pennsylvania citizens, and all the defendant companies except Crown Cork & Seal (Crown) were not Pennsylvania citizens. After the state court granted summary judgment for Crown and dismissed the Gravers’ claims against it, the defendant companies removed the Gravers’ case to federal court. The defendant companies reasoned that the federal court had diversity jurisdiction over the case because there was complete diversity of citizenship between the parties after the dismissal of Crown as a defendant. The Gravers moved to remand the case to state court, arguing that under the voluntary-involuntary rule, only a voluntary dismissal of a nondiverse defendant can make a case removable. Because the Gravers had opposed Crown’s motion for summary judgment, Crown’s dismissal from the case was involuntary.

Rule of Law

Issue

Holding and Reasoning (Robreno, J.)

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