Appeals Court: Judge Applied Wrong Standard In Improper Joinder Case
Mealey's (April 20, 2016, 12:38 PM EDT) -- NEW ORLEANS — A judge properly pierced the pleadings in a case alleging improper joinder but then erroneously applied the summary judgment standard in dismissing two asbestos defendants and denying remand, the Fifth Circuit U.S. Court of Appeals held April 19 (Tina Davidson, et al. v. Georgia Pacific LLC, et al., No. 14-30925, 5th Cir.).
(Opinion available. Document #01-160427-004Z.)
William Davidson filed suit in the Orleans Parish, La., District Court against numerous companies whose conduct allegedly exposed him to asbestos. The case was removed to federal...