Defendant in Ohio Mesothelioma Lawsuit Accuses Widow of Form of Fraud
Despite its co-defendants having acknowledged selling asbestos-contaminated products to which a mesothelioma victim would have been exposed, a talc mine accused the widow suing them of a form of fraud meant to keep her case based in the state courts. Despite Vanderbilt Minerals’ attempt to remove the personal injury claim to the U.S. District Court for the Northern District of Ohio, the judge hearing the case denied the company’s request.
Plumber’s Mesothelioma Death Leads to Lawsuit
The mesothelioma lawsuit was filed by Carolyn Keiser, whose husband David died of the rare asbestos-related disease in 2021. Her claim, which was filed in her local Ohio court, named three companies as defendants: Vanderbilt Minerals, LLC, Donald McKay Smith, Inc. (DMS), and Red Seal Electric Company. While the latter two were based in Ohio, Vanderbilt was based in another state.
In response to being accused of causing Mr. Keiser’s mesothelioma death, Vanderbilt Minerals attempted to have the case removed to federal court, accusing the widow of a form of fraud that consists of falsely including a local defendant or defendants in order to keep the case heard in local court. This is known as fraudulent joinder.
Court Denies Asbestos Company’s Attempt to Remove Mesothelioma Case to Federal Court
In considering the widow’s argument against Vanderbilt’s removal of her mesothelioma claim, Judge James S. Gwin gauged whether the two Ohio-based defendants had actually been included without “reasonable basis for predicting recovery.” He determined that because both companies had a previously acknowledged history of having having sold asbestos-containing products to which Mr. Keiser might have been exposed, her recovery from them was possible, and therefore fraudulent joinder was not applicable. The widow’s case will remain in the local court where she originally filed her claim.
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