Rowe v. Johns-Manville Corp.

MEMORANDUM

NEWCOMER, District Judge.

This asbestos case was originally filed in the Court of Common Pleas of Philadelphia. After the plaintiff settled the case against the Asbestos Claims Facility defendants (“ACF”), GAF filed a removal petition premising federal jurisdiction on diversity of citizenship. Plaintiff has now filed a motion to have this case returned to the Court of Common Pleas. For the reasons discussed below, plaintiffs motion will be granted.

The chief difficulty in this case arises from the unclear nature of the settlement agreement between ACF and the plaintiff. The agreement…