Dow Chemical will have to defend a take-home asbestos lawsuit in state court after the U.S. District Court for the Eastern District of Missouri declined to dismiss a Missouri company from the case (Hartfield v. 3M Co., 2016 BL 235736, E.D. Mo., 16-CV-763, 7/22/16).
Dow failed to show that the Missouri company—J.P. Bushnell Packing and Gasket Co.—was fraudulently joined to a lawsuit brought by the son of a pipefitter exposed to asbestos dust brought home on his father’s work clothes.
There is no federal jurisdiction based on diversity of citizenship because J.P. Bushnell is a citizen of ...
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