United States District Court, D. New Jersey
ESTELLE GRIMES, Individually and as Administrator for the Estate of Thomas Grimes, and Individual Heirs of the Estate of Thomas Grimes, Plaintiff,
AT&T CORP., et al., Defendants.
KEVIN MCNULTY, UNITED STATES DISTRICT JUDGE
Estelle Grimes, individually and as the administrator of the
estate of her husband, Thomas Grimes, and on behalf of his
individual heirs ("Grimes"), brings suit against,
among others, AT&T Corp. ("AT&T"), Bayonne
Plumbing Supply Co., Inc. ("Bayonne Plumbing"),
Koenig Industrial Hardware ("Koenig"), and Mooney
Brothers Corp. ("Mooney"), alleging that Mr.
Grimes's mesothelioma was caused by exposure to asbestos
or asbestos-containing products mined, milled, manufactured,
sold, supplied, purchased, marketed, installed and/or removed
by the defendants.
the Court are four motions for summary judgment: 1) AT&Ts
(ECF No. 184); 2) Bayonne Plumbing's (ECF No. 185); 3)
Koenig's (ECF No. 187); and 4) Mooney's (ECF No.
188). For the reasons set forth below, I will sua
sponte remand the case to the Superior Court of New
Jersey, Middlesex County on jurisdictional grounds.
October 28, 2015, Thomas Grimes and Estelle Grimes, who are
husband and wife, filed their initial Complaint in the
Superior Court of New Jersey, Law Division, Middlesex County.
(ECF No. 1-1 at p. 3-29). The Complaint alleged that Mr.
Grimes was "exposed to dust from asbestos and
asbestos-containing products" while serving in the Navy
and while working at Western Electric in Kearny, New Jersey.
(Id. at 3). The Complaint was filed against 37
Defendants, each of which allegedly "mined, milled,
manufactured, sold, supplied, purchased, marketed, installed
and/or removed asbestos or asbestos-containing products"
to which Mr. Grimes was exposed. (Id. at 3-11).
1) AT&T, individually and as successor-in-interest to
Western Electric Company;
2) Asbestos Corporation Limited, in itself and as successor
to Johnson's Company ("ACL");
3) Bell Asbestos Mines LTD ("Bell");
4) Allied Building Products Corp. ("Allied
5) Allied Glove & Safety Products Manufacturing Corp.
6) Bayonne Plumbing, individually, as successor to and doing
business as the RAL Corporation and Bayonne Plumbing &
7) Bergen Industrial Supply Co. Inc. ("Bergen
8) Binskey & Snyder, Inc. ("Binskey &
9) Buffalo Pumps, Inc., individually and as successor to
Buffalo Forge Co. ("Buffalo Pumps");
10) Calon Insulation Corp. ("Calon Insulation");
11) CBS Corp., f/k/a Westinghouse Electric Corporation
12) Central Jersey Supply Company ("Central Jersey
13) Certainteed Corporation, formerly CertainTeed Products
Corporation, individually and as successor to Keasbey and
Mattison Company and Unisul ("Certainteed");
14) Crane Company ("Crane"};
15) Elizabeth Industrial Supply, a division of Charles F.
Guyon ("Elizabeth Industrial");
16) FMC Corporation, individually and as successor to
Peerless Pumps ("FMC")
17) Flowserve U.S. Inc. ("Flowserve");
18) Foster Wheeler Corporation ("Foster Wheeler");
19) General Electric Company ("General Electric");
20) Gould Pumps, Inc. ("Gould Pumps");
21) IMO Industries Inc., individually and as
successor-in-interest to, and f/k/a Delaval Turbine Inc.,
TransAmerica Delaval ...