8th Circ. Says Alcoa Injury Plaintiff Can’t Switch Venues

Law360, New York (March 6, 2013, 8:36 PM EST) -- Reversing a lower court's decision, the Eighth Circuit ruled Wednesday that a man could not drop a personal injury lawsuit against Alcoa Inc. in federal court in order to refile the action in state court with his employer added as a defendant.

Plaintiff George Donner first filed suit against Alcoa only in Missouri state court, claiming his exposure to Alcoa-manufactured aluminum products at his workplace caused his pulmonary fibrosis. After Alcoa removed the case to federal court, Donner sought to drop the action and file a...
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