Category Archives: Remand/Removal

Denial of Remand Based on Government Directed Actions of Airplane Manufacturing Process United States District Court for the Northern District of California, June 20, 2017

The plaintiff filed a motion to remand for lack of subject matter jurisdiction in the United States District Court in the Northern District of California. The plaintiff, Joseph Thrash, alleged he was diagnosed with mesothelioma in September 2016, and was exposed to asbestos while he worked on B-52, C-141, and C-5 airplanes in the United States Air Force from 1975 through the 1980s and while doing automotive work at various locations. The defendant, The Boeing Company, removed the case to federal court; shortly thereafter, defendants…

Continue Reading....

Timely Removed Take-Home Exposure Case Remanded for Failure to Establish Colorable Federal Defense U.S. District Court for the Eastern District of Louisiana, June 19, 2017

The plaintiffs filed suit against several defendants including Avondale alleging that their decedent, Ms. Blouin, contracted mesothelioma after washing the laundry of her husband’s work clothes. Victor Blouin worked as an electrician for Avondale onboard two government vessels from April 1972 until August 1972. The plaintiffs’ claims were brought in negligence and not for strict liability. Avondale removed the case to federal court on March 28, 2017, 26 days after receiving a copy of the deposition transcript. The plaintiffs’ moved to remand. The plaintiffs took…

Continue Reading....

Defendant Fails to Establish Improper Joinder in Mesothelioma Case; Remand Granted U.S. District Court for the Eastern District of Louisiana, May 22, 2017

Plaintiff Ronald Smith sued multiple defendants, including Honeywell, alleging he developed mesothelioma from occupational exposure to asbestos. Honeywell removed the case the United States District Court, arguing that the plaintiff only joined defendant Taylor-Seidenbach Inc. to defeat diversity. The plaintiff moved to remand. The case was originally set on an expedited trial date because of the mesothelioma diagnosis. Discovery was ongoing when the plaintiff produced his work history relied upon by the plaintiff’s expert, Dr. Arthur Frank. Honeywell took the position that the work history…

Continue Reading....

Prior Maryland Rulings Relied Upon in Denying Remand U.S. District Court of Maryland, May 5, 2017

The plaintiffs moved to remand after defendant Crane Co. removed to federal court. The court denied the plaintiff’s motion without oral argument. Decedent John Dugger served in the United States Navy during the 1960s and died of mesothelioma; the plaintiffs filed suit after his death. The plaintiffs alleged Crane manufactured and sold rope and valves to the Navy. Crane removed on the basis of the government contractor defense, and in support submitted affidavits from three individuals. Defendants may remove to federal court if it establishes…

Continue Reading....

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…

Continue Reading....

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…

Continue Reading....

Case Remanded to Florida State Court Because Defendant Not Fraudulently Joined to Defeat Diversity U.S. District Court for the Southern District of Florida, March 10, 2017

In this case alleging asbestos exposure from talc, mesothelioma plaintiff filed a motion to remand back to Florida state court after defendant Johnson & Johnson removed to federal court based upon diversity jurisdiction. The defendant argued that the plaintiff fraudulently joined defendant Publix Super Markets, Inc. (Publix) to destroy diversity. The court determined Publix was not fraudulently joined and remanded. In determining remand, the court must evaluate the factual allegations in the light most favorable to the plaintiff. If there is even a possibility that…

Continue Reading....

Appellate Court Affirms Dismissal in Federal Court Without Prejudice; Allows Plaintiffs to Refile in State Court U.S. Court of Appeals for the Ninth Circuit, March 9, 2017

Plaintiffs Richard Zanowick and Joan Clark-Zanowick filed suit in state court in July 2014. The defendants timely removed the case to federal court on diversity grounds a month later. With the case now in federal court, Richard Zanowick passed away on October 12, 2014. The plaintiffs filed and electronically served a notice of his death on November 17, 2014. Pursuant to Rule 25(a)(1), the plaintiffs were required to file a motion to substitute a new party for Richard Zanowick within 90 days, or in this…

Continue Reading....

Federal Court Denies Defendants’ Motion to Dismiss on Jurisdiction Without Prejudice U.S. District Court for the Middle District of Florida, Tampa Division. January 12, 2017

On September 26, 2016, Plaintiff Marc Killam filed suit in the Thirteenth Judicial Circuit in and for Hilsborough County, Florida against various defendants after learning of his asbestosis diagnosis. Killam alleged he was exposed to asbestos through his Naval Service, from 1973-77 aboard the USS McCandless while at sea and in the Philadelphia Navy Yard. Here, Killam claims a number of defendants manufactured, sold, distributed, installed, or promoted the asbestos products with which he came into contact. He also alleged, that from 1978-80, as an…

Continue Reading....

Remand Denied Under Federal Officer Jurisdiction Analysis for Plaintiff Alleging Asbestos Exposure in U.S. Navy U.S. District Court for the Middle District of Florida, Tampa Division, December 27, 2016

Plaintiff Marc Killiam served in the U.S. Navy from 1973 to 1977 aboard the USS McCandless while at sea and in the Philadelphia Navy Yard. He alleges that as a boiler tender he removed and replaced various asbestos containing products and that exposure to asbestos from those products caused his asbestosis. He filed suit in Hillsborough County, Florida on September 26, 2016 against various defendants, including Crane Co. Crane removed the case to the U.S. District Court on October 13, 2016 pursuant to 28 U.S.C.…

Continue Reading....