Susan Egeland and Jason Gregory Win Dismissal in Lead Paint Case
After over two years of litigation, Susan Egeland and Jason Gregory secured dismissal in federal court on behalf of a national paint and coatings manufacturer. The plaintiff alleged that his use of various paint products 20 years prior resulted in his development of toxic encephalopathy, a degenerative neurologic disorder. HPTY’s client argued that the plaintiff’s specific alleged injuries in combination with the late onset of his alleged impairment could not have been caused by its products.
The plaintiff had filed suit in Hopkins County, Texas district court, but HPTY prevailed on a removal action to federal court, arguing that complete diversity existed amongst parties because two of the Texas-resident defendants had been fraudulently joined.