Category: Remand/Removal

Federal Officer Removal / Maritime/Admiralty Law / Remand/Removal
Posted by:

Plaintiff’s Motion to Remand Denied Based on Federal Officer Removal

U.S. District Court for the Eastern District of Louisiana, March 16, 2021

The plaintiff filed suit against Avondale and Lamorak Insurance Co. (defendants) in state court on February 12, 2020. The defendants removed the case under the federal officer removal statute alleging that the lawsuit pertains to action by Avondale’s taken pursuant to the direction of a federal officer. By way of background, this case rises out of Harvel A. Landreaux’s (the plaintiff) alleged exposure to asbestos while working as an employee of defendant Avondale …

Continue Reading
Louisiana / Remand/Removal
Posted by:

Removal Deemed Timely in Navy Shipyard Case

U.S. District Court for the Eastern District of Louisiana, March 2, 2021

Plaintiff Linda Crossland filed a motion to remand and defendants Avondale and Hopeman Brothers Inc. oppose the plaintiff’s motion. The plaintiff’s alleged exposure to asbestos was from asbestos fibers floating from Avondale Shipyards into her neighborhood, take home asbestos exposure from her father and husband’s work at Avondale, and from her own work at Avondale’s Main yard from 1966 through the 1970s. The plaintiff was deposed on December 11, 2020 and Avondale removed …

Continue Reading
judge with gavel
Remand/Removal
Posted by:

Plaintiff’s Remand Granted for a Second Time Due to Lack of Diversity

U.S. District Court for the Eastern District of Louisiana

The plaintiffs brought the instant action alleging that decedent John Brindell was exposed to asbestos-containing products during his employment for Puerto Rico Marine Management (PRMM) as a mechanic at the Port of New Orleans. The plaintiffs argue that the exposure to asbestos caused the decedent to contract mesothelioma. Before the court is the plaintiffs’ emergency motion to remand. Defendants Eaton Corporation, Pneumo Abex, LLC, Utility Trailer Manufacturing Company, Strick Trailers, LLC, CRA Trailers, Inc., and Great …

Continue Reading
Louisiana / Remand/Removal
Posted by:

Motion for Remand Denied; Plaintiff Withheld Notice of Settlement of Non-Diverse Defendant

U.S. District Court for the Eastern District of Louisiana

In June 2019, the plaintiff filed a lawsuit against multiple defendants alleging that he developed asbestos-related lung cancer. In December 2020, defendant Exxon Mobil removed this matter to the U.S. District Court for the Eastern District of Louisiana pursuant to 28 U.S.C. § 1332. One month later, the plaintiff filed a motion to remand the matter to the Civil District Court of Orleans Parish.

First, the plaintiff contended that Exxon’s removal was untimely as Exxon filed …

Continue Reading
Louisiana / Remand/Removal
Posted by:

Plaintiff’s Motion to Remand Denied as Removal Deemed Proper Under Federal Officer Statute

U.S. District Court for the Eastern District of Louisiana

In the instant action, plaintiff Martha T. Roussell alleges she contracted mesothelioma through take-home asbestos exposure from the work of her father, Asward P. Theriot, who worked at Avondale Shipyard in 1957 and 1958. The plaintiff brought this action in state court against multiple defendants including Huntington Ingalls Incorporated and Lamorak Insurance Company (The Avondale Interests).

During the course of discovery it was revealed that Asward Theriot’s job application showed that his brother (Roussell’s uncle), Tracy …

Continue Reading
Louisiana / Remand/Removal
Posted by:

Shipyard Defendant’s Removal Deemed Timely Following Receipt of Discovery

U.S. District Court for the Eastern District of Louisiana, December 7, 2020

Plaintiff Ethel Sampey was diagnosed with mesothelioma, which she alleged was caused by secondhand exposure to asbestos from her uncle, Huey Levron, who worked at the Avondale Shipyard from 1957 to 1965, and also from working as a bartender and serving Avondale workers. The plaintiff filed suit against Avondale, among other defendants, in July 2020. On August 1, 2020, the plaintiff served her fact witness list, which identified numerous witnesses, including two individuals, …

Continue Reading
Remand/Removal
Posted by:

Shipyard Defendant’s Removal Deemed Timely and Sufficient to Satisfy Federal Officer Removal Statute

U.S. District Court for the Eastern District of Louisiana

The plaintiff, Callen Cortez, alleged that he was exposed to asbestos during his employment at the Avondale Shipyards from 1969 to 1974, which included riding to and from work with other Avondale employees on a labor bus. Cortez was diagnosed with mesothelioma in June 2020, and field suit against numerous defendants, including Huntington Ingalls, Inc., the successor to Avondale, in the Civil District Court for the Parish of Orleans. Cortez’s complaint alleged failure-to-warn and other negligence …

Continue Reading
Mesothelioma
Remand/Removal / State
Posted by:

Case Remanded to State Court as Brake Manufacturer Failed to Obtain Consent From all Remaining Defendants

U.S. District Court for the Northern District of Illinois, Eastern Division

Eugene Longobardi sued numerous asbestos manufactures in Illinois state court after he developed mesothelioma, alleging that his disease was caused by his exposure to asbestos while serving in the U.S. Army from 1974 to 1981. Shortly thereafter, Longobardi died and Pamela Langobardi was named plaintiff and administrator of his estate. Pamela amended the complaint to add Honeywell International (Honeywell) as a defendant. Honeywell removed the suit to federal court premising jurisdiction on the diversity …

Continue Reading
Federal Officer Removal / Louisiana / Remand/Removal
Posted by:

Remand Denied as Defendants’ Notice of Removal Deemed Timely and Proper Under Federal Officer Statute

U.S. District Court for the Eastern District of Louisiana, September 18, 2020

In this asbestos matter, plaintiff James Becnel contends that he developed lung cancer as a result of his work aboard a Navy vessel while employed at Avondale. The initial complaint was filed in the Civil District Court for the Parish of Orleans on July 22, 2019. In August 2019, the plaintiff testified that he worked aboard a Navy vessel known as the Lykes vessel during his deposition. Notably, he filed a second supplemental …

Continue Reading
Remand/Removal
Posted by:

Deposition Testimony Implicates Federal Officer Removal; Removal Deemed Timely

U.S. District Court for the Eastern District of Louisiana, September 3, 2020

The plaintiff, Lana Waguespack, initiated the instant matter in state court against Avondale and others asserting that she contracted mesothelioma after being exposed to asbestos brought home on the clothes of her father, brother, and ex-husband. During a deposition, according to Avondale, the plaintiff’s father testified that an area that he worked in was exclusively for the construction of federal vessels.

Avondale received the transcript on June 12, 2020, and filed the Notice …

Continue Reading