Varney
Varney v. Johns-Manville Corp.
Opinion
Opinion
Weigel, J.
ORDER GRANTING MOTION TO REMAND CASE TO STATE COURT
The Court has considered the briefs, arguments of counsel, and the entire record.
Plaintiff Carl Varney* a citizen of California, originally filed this action on July 20, 1981 in the Superior Court of Alameda County. He named as defendants various asbestos companies and welding companies. Varney complains of health problems caused by exposure to asbestos and welding fumes.
On April 9, 1986, defendant Westinghouse Electric Corp. learned that Western MacArthur Company, the sole remaining California defendant, had been dismissed from the case by plaintiff, creating complete diversity of citizenship. The next day, Westinghouse filed a petition for removal, based on diversity jurisdiction, and served it on those defendants it believed remained in the case. The defendants, that were served joined the removal petition in a timely fashion.
Westinghouse did not serve the petition on defendants Pittsburgh Coming or Armstrong World Industries because it incorrectly believed that they had settled with plaintiff. Pittsburgh Corning and Armstrong World Industries did not learn of Western MacArthur’s dismissal, or of the removal, until they…