9th Circuit Reverses Order Remanding Take-Home Asbestos Exposure Case, Says Removal Wasn’t Untimely

SAN FRANCISCO –– The 9th Circuit U.S. Court of Appeals has reversed a lower court’s order remanding a take-home asbestos exposure lawsuit, concluding that the removing defendant did not know that federal jurisdiction was available until after the plaintiff filed of amended discovery responses.

In the Oct. 1 opinion, the 9th Circuit found that the District Court wrongfully relied on the date of a deposition, and not the date when the transcripts were certified by the court reporter, when determining the 30-day removal timeframe.

Plaintiff Connie Dietrich filed the underlying lawsuit against The Boeing Co., contending that she was …