N.Y. Federal Court Remands Asbestos Action, Says Kaiser Gypsum’s Removal Untimely
January 20, 2020
NEW YORK –– A New York federal court has remanded an asbestos personal injury action, finding that Kaiser Gypsum had not present enough evidence to warrant an exception to the one-year time limit on removal.
In the Jan. 15 opinion, the U.S. District Court for the Southern District of New York concluded that “none of Plaintiffs’ actions give rise to an inference of strategic gamesmanship intended to defeat removal.”
Plaintiffs Anna and Guido Nocelli filed the instant lawsuit, contending that Anna Nocelli had suffered from an asbestos-related injury. The complaint was originally filed in the New York Supreme Court for …