Category Archives: Federal Officer Removal

Lack of Causal Nexus Leads to Grant of Remand Against Shipyard Defendant U.S. District Court for the Eastern District of Louisiana, May 4, 2018

LOUISIANA — The plaintiff filed suit against several Defendants including Avondale Shipyards. James Latiolais allegedly developed mesothelioma from his work as a machinist onboard the USS Tappahannock. Avondale removed the case after the plaintiff’s deposition concluded. The removal was made pursuant to Federal Officer Removal Statute, 28 U.S.C. § 1442 (a)(1). The plaintiff moved to remand. The court began its analysis by discussing the elements associated with Federal Officer Removal. First, the defendant must meet the criteria of being a “person” which includes corporations like…

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Remand Affirmed Due to Lack of Causal Nexus in Take-Home Exposure Case U.S. Court of Appeals, Fifth Circuit, March 16, 2018

LOUISIANA — The Legendre brothers filed suit in Louisiana State Court on behalf of their sister, Mary Jane Wilde, who died from complications related to mesothelioma. Their father, Percy Legendre, worked at a shipyard owned and operated by Huntington Ingalls, Inc. (Avondale) and was allegedly exposed to asbestos. The plaintiffs further alleged that Mary Jane was exposed to asbestos via fibers that were on her father’s work clothes and this exposure caused her to develop mesothelioma. Defendant Avondale invoked the federal officer removal statute and…

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Second Motion to Remand Denied When Plaintiff Asserted Claims She Previously Waived U.S. District Court for the District of Oregon, February 2, 2018

OREGON — The plaintiff initially filed her lawsuit on behalf of her father’s estate, in Oregon state court, alleging he was exposed to asbestos while working at Norwest Marine & Iron Works Shipyard and Albina Engine & Machine Works Shipyard. Both shipyards serviced military and civilian vessels. Neither the original nor amended complaints contained specific ship information. Defendants GE and CBS removed to federal court based upon the federal officer removal statute after plaintiff provided a ship list. The plaintiff filed a motion to remand,…

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Remand Granted After Finding that Government Did Not Direct Safety Operations of Shipyard Defendant U.S. District Court for the Eastern District of Louisiana, January 19, 2018

LOUISIANA — The plaintiffs brought this action against several defendants including Huntington Ingalls (Ingalls) alleging that their decedent, Tyrone Melancon, was exposed to asbestos for which the defendants were liable. The plaintiffs asserted that Melancon developed mesothelioma from exposure to asbestos while working at the Avondale Shipyard from 1965-2002. Ingalls. along with others, removed the case to U.S. District Court on federal officer removal. The plaintiffs moved for remand arguing that defendants were not entitled to such removal. According to the court, removal under federal…

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Removal Under Federal Officer Removal Statute Held to Begin on Date of Receipt of Deposition Transcript U.S. Court of Appeals for the Fifth Circuit, January 11, 2018

On February 23, 2017, the plaintiff filed a complaint against Avondale Shipyards, and numerous other defendants, alleging he suffered mesothelioma from his employment at Avondale. The plaintiff was deposed over eight days from March 9 to April 13, 2017. He was cross-examined by counsel for Avondale on March 10 and 20, 2017. On March 28, 2017, counsel for Avondale received a link to the deposition transcript. Avondale removed the matter on the basis of federal officer jurisdiction on April 27, 2017, 30 days following receipt…

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Denial of Remand When Removal Under Federal Officer Removal Statute Deemed Timely U.S. District Court for the District of Maryland, January 10, 2018

MARYLAND — The plaintiff filed her lawsuit in the Circuit Court for Baltimore County on June 5, 2015, alleging the decedent was exposed to asbestos at Bethlehem Steel Sparrows Point Shipyard as a riveter heater and boiler maker from 1948 through the 1970s. A co-worker was deposed on December 11, 2015, and testified that decedent was exposed to asbestos from Foster Wheeler products while building ships for the Vietnam War. Foster Wheeler removed the case base on the Federal Officer Removal Statute to the U.S.…

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Federal Court Defines “Other Paper” in Removal Statute § 1446 U.S. District Court for the Middle District of Louisiana, June 21, 2017

The plaintiff filed a petition for damages in the 18th Judicial District Court for the Parish of Iberville on February 23, 2017, and named Avondale, among others, as a defendant. The plaintiff alleged he contracted mesothelioma during his employment with Avondale caused by “dangerously high levels of toxic substances, including asbestos and asbestos containing products, in the normal course of his work.” Defendant Avondale filed a notice of removal to the United States District Court of Louisiana on April 28, 2017 under the federal…

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Plaintiffs’ Motion for Remand Granted After Defendant Removes on Federal Officer; Sanctions Denied U.S. District Court for the Central District of California, March 31, 2017

The plaintiffs filed this action against multiple defendants including Foster Wheeler for Mr. Hukkanen’s alleged development of mesothelioma after serving as a machinist onboard the USS Somers and USS Walke from 1960 through 1968. Foster Wheeler removed the case, arguing that it was acting under an officer or agency of the United States. Foster Wheeler quickly moved for remand claiming that the court lacked subject matter jurisdiction because the plaintiffs specifically waived claims sounded in military contractors immunity defense. Foster Wheeler took the position that…

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Case Remanded to State Court Following Resolution of Claims that Invoked Federal Officer Statute U.S. District Court for the Northern District of Ohio, Eastern Division, March 17, 2017

The plaintiffs commenced this action in state court alleging that various products caused plaintiff Ralph Shonkwiler to develop mesothelioma. Defendant CBS Corporation (Westinghouse) removed the matter to federal court based on the federal officer statute since the plaintiffs claimed exposure to their product was a Navy turbine and the claimed exposure took place while plaintiff was serving in the Navy aboard the U.S.S. Ingram. In January 2017, the plaintiffs informed the court that all claims against Westinghouse were resolved and Westinghouse was dismissed from the…

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U.S. Court of Appeals for the Fifth Circuit Finds Removal is Proper Under Federal Officer Removal Statute U.S. Court of Appeals for the Fifth Circuit, January 20, 2017

Plaintiff Howard Zeringue brought suit against Crane Co. and various other defendants in state court for injuries allegedly caused by exposure to asbestos. The plaintiff alleged that he was first exposed to asbestos in 1952 while he was deployed with the U.S. Navy and served in various capacities in the Navy aboard three vessels until 1956. The plaintiff also alleged he was later exposed to asbestos at two other jobs. However, the plaintiff did not provide the time period for his alleged post-naval exposure. Crane…

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