Court Determines Revocation of Defendant's Charter Has No Bearing on Jurisdiction
December 15, 2004
NEW ORLEANS -- A Louisiana federal court has remanded an asbestos lawsuit, ruling that although the company was dissolved at the time of the filing jurisdiction is determined by the citizenship of the defendant during its active practice. DeLancey v. Chicago Insurance, No. 04-2355 (E.D. La.).
The U.S. District Court for the Eastern District of Louisiana ruled in the Nov. 22 order that federal jurisdiction based on the dissolved company's insurer principal place of business was improper.
Plaintiffs Mary DeLancey and Dionne Hindmand filed the lawsuit on behalf of Ellis DeLancey, who they claimed died as a result of asbestos …