Remand/Removal Archives

Category: Remand/Removal

December 5, 2016 • Case Decisions, Louisiana, Remand/Removal

Take Home Mesothelioma Case Remanded After Plaintiff Adds Dismissed Defendant to Amended Complaint

Charleen Guedry brought this action against multiple defendants for her alleged development of mesothelioma as a result of exposure through her husband’s work clothes. Mr. Guedry worked at International Maintenance/Turner from 1983-2005. The plaintiffs moved to dismiss claims without prejudice against defendant Arnco on May 12, 2016. Co-defendant Brock indicated to the plaintiffs its intent … Continued

December 2, 2016 • Case Decisions, Federal Officer Removal, Louisiana, Remand/Removal

Affidavits Used in Other Cases Enough to Establish Removal Under Federal Officer Jurisdiction

The plaintiff brought a wrongful death lawsuit after her husband died of mesothelioma, alleging asbestos exposure during her husband’s service in the Navy. Originally filed in Madison County, Illinois, defendant Crane Co. removed on the basis of the federal officer removal statute. The plaintiff filed a motion to remand, arguing that Crane waived its right … Continued

November 23, 2016 • Case Decisions, Federal Officer Jurisdiction, Remand/Removal

Broad Interpretation of the Federal Officer Removal Statute Keeps Case Against Boeing in Federal Court

The plaintiff filed a failure-to-warn product liability suit against, among others, The Boeing Company, after his wife Mary became ill from alleged secondary asbestos exposure. Boeing removed to federal court based upon the federal officer removal statute. The district court remanded, and the appellate court reversed. The plaintiff alleged Mary suffered take home asbestos exposure … Continued

November 18, 2016 • Case Decisions, Remand/Removal

Take Home Mesothelioma Case Remanded After Defendant Files Untimely Removal; Costs Denied

The plaintiffs brought claims sounded in negligence, intentional tort, fraud and strict liability for their decedent’s mesothelioma which was alleged to have developed after coming into contact with her husband’s asbestos laden clothes. Mr. Tregre was alleged to have worked for Avondale Industries, a predecessor to Huntington Ingalls, Inc. while onboard ship construction. Avondale removed … Continued

November 18, 2016 • Case Decisions, Federal Officer Jurisdiction, Louisiana, Remand/Removal

Federal Court Denies Remand on Outer Continental Shelf Lands Act Jurisdiction and Dismisses Fraud Counts of Complaint

The U.S. District Court for the Eastern District of Louisiana issued two opinions in the matter of Sheppard v. Liberty Mut. Ins. Co., et al. which denied the plaintiffs’ motion to remand and dismissed the plaintiffs’ fraud cause of action against the defendants. Plaintiff Jesse Frank Sheppard originally filed in the Civil District Court for … Continued

November 4, 2016 • Case Decisions, Remand/Removal

Various Cases Remanded to State Court After Joinder of Law Firm Alleged to Have Induced Plaintiffs to Accept Artificially Low Settlement Amounts Extinguished Diversity Jurisdiction

Various plaintiffs (Baclaan plaintiffs) filed a motion to remand and/or abstain and a motion for leave to name a new party defendant. Other groups of plaintiffs (Toro plaintiffs and Hopkins plaintiffs) filed similar motions in their respective cases. Defendant Arter & Hadden LLP (A&H) filed a joint memorandum in opposition to all three motions, to … Continued

November 2, 2016 • Case Decisions, Remand/Removal

Grant of Remand to State Court Reversed in Favor of Shipyard Defendants

The plaintiffs brought this action in state court against numerous defendants including Foster Wheeler LLC and Foster Wheeler Energy Corporation alleging Mr. Ripley developed mesothelioma while working as a boilermaker at Norfolk Naval Shipyard in Virginia from 1969-72 and again from 1974 until the late 1970s. Foster Wheeler removed the case based on the federal … Continued

November 1, 2016 • Case Decisions, Maryland, Remand/Removal

Identity of Navy Ship Where Plaintiff Served Enough to Trigger Federal Officer Removability Clock

Plaintiff Marvin Smith alleged asbestos exposure while serving as a fireman in the U.S. Navy from 1951-54, and while working as a fireman and warehouseman at various shipyards and warehouses. The plaintiff and his wife sued various defendants in state court after he was diagnosed with pleural mesothelioma. Defendant Crane Co. removed this mesothelioma case … Continued

October 31, 2016 • Case Decisions, Missouri, Remand/Removal

Plaintiff’s Motion for Costs, Fees, Expenses, and Sanctions Denied but Granted as to Remand for Untimely Removal

The plaintiff brought this suit against numerous defendants including Ford Motor Company. She alleged that the decedent developed and passed from mesothelioma as a result of exposure to dust from products manufactured, sold, and distributed while Mr. Bristol worked as a mechanic at a Ford dealership from 1972-1989. Ford removed the case a day after … Continued

October 26, 2016 • Case Decisions, Louisiana, Remand/Removal

Removal Found Procedurally Proper Based on Diversity

The plaintiffs, Nolan and Susan Legeaux, brought a motion to remand their asbestos case from federal court arguing that removing defendants failed to follow the correct removal procedure, that there are non-diverse defendants, and that the federal officer removal statute, 28 U.S.C. § 1442, is not applicable to the facts of the case. The motion … Continued