A Damn Sham: When Opposition Motions Preclude Removal

Law360, New York (August 15, 2012, 1:26 PM EDT) -- In asbestos litigation, it is commonplace for plaintiffs to name a broad range of defendants in a given case, letting discovery unfold to determine the proper defendants as more information is learned about the scope of the plaintiffs’ alleged exposures. These defendants regularly include many that will not likely be implicated in the case.

While frustrating for all defendants, this approach is especially troubling to those defendants who, discovery reveals, should be proper parties to the case, as it wreaks havoc with their ability to remove...
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