Plaintiffs Claim Non-Diverse Defendants Owed Duty

  • Motion
  • Order

NEW ORLEANS -- Plaintiffs in a Louisiana benzene lawsuit have asked a federal court to reconsider their motion to remand, claiming that the court neglected to address whether the non-diverse defendants in the complaint owed a duty to the plaintiff because they delegated duties. Tessitore, et al. v. Chevron Ornite Co., et al., No. 06-4126 (E.D. La.).

In a Nov. 27 order, Judge Peter Beer of the U.S. District Court for the Eastern District of Louisiana denied the motion to remand, opining that the plaintiffs did not establish a cause of action against four non-diverse defendants. On Dec. 11, the …


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