Late Filing and Mesothelioma Plaintiff’s Foreign Status Defeats Asbestos Companies’ Objections
Luciano Susino died of malignant mesothelioma after years of working as a seaman onboard vessels owned and managed by Overseas Shipholding Group, Inc. (OSG). His daughter Carmela filed a personal injury lawsuit in the Superior Court of the Virgin Islands accusing the company and several other defendants of both negligence and violations of the Jones Act and maritime law. Both OSG and 3M argued that the case should be removed to federal court, but their arguments were denied, each for its own reason.
Asbestos On Vessels Blamed for Seaman’s Death
Ms. Susino’s claim identified 17 manufacturing, equipment, boiler, and premises defendants whose negligence in having exposed her father to asbestos-contaminated products or locations contributed to his mesothelioma death. She also cited the rules of both the Jones Act and maritime law. In response, 3M company asked for the case to be removed to federal court, arguing that maritime law and Jones Act claims are subject to diversity jurisdiction.
In response to that argument, Chief District Judge Robert A. Molloy noted that both Ms. Susino and another defendant in the mesothelioma claim, Scotland-based Foster Wheeler, are foreign nationals, thus nullifying the question of diversity jurisdiction and allowing the case to remain in the Virgin Islands court where it had originally been filed.
Defendants Late in Objecting to Mesothelioma Claim
In addition to the objection filed by 3M Company, OSG revised its original response to the mesothelioma victim’s daughter’s claim, advocating for the case to be removed based on the fact that doing so was appropriate due to its current petition for bankruptcy. The plaintiffs asked the judge to deny this argument, noting that for the motion to have been considered, it needed to be filed earlier. The judge agreed that the petition had been submitted well past the deadline and denied OSG’s request.
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