Remand Granted After Shipyard Defendant Fails to Establish Causal Nexus Required By Federal Officer Removal Statute United States District Court, E.D. Louisiana. September 25, 2018

LOUISIANA — The plaintiffs filed this action against many defendants including Huntington Ingalls (Avondale) alleging their decedent contracted mesothelioma as a result of exposure to asbestos while working at Avondale Shipyard from 1964-1972. Avondale removed the case asserting Federal Officer Removal Statute. The plaintiff moved to remand arguing that Avondale could not satisfy the elements required under Federal Officer Removal Statute. According to the court, Avondale must show that it 1) that the person is within the meaning of the statute 2) that it has…
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Elements for Removal Found Under Federal Officer Jurisdiction in Take-Home Mesothelioma Case U.S. District Court, E.D. Louisiana, September 25, 2018

LOUISIANA — The plaintiff filed suit against several defendants including Kaiser Aluminum (Kaiser) and Huntington Ingalls (Avondale) alleging her mother, Dolores Punch, contracted mesothelioma from exposure to asbestos while washing the work clothes of her husband and son. Mr. Punch worked as a pipefitter and welder at Avondale Shipyard from 1948-1960 and at Kaiser Aluminum from 1961-1967 handling the same material. The decedent’s son also worked as a helper and pipefitter at Avondale from 1976-1979.  Avondale removed the suit to federal court asserting the Federal…
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Defendant Fails to Meet Removal Requirements under 28 U.S.C. § 1442(a) United States District Court, C.D. California, September 19, 2018

CALIFORNIA — The plaintiff Randolph Morton (Plaintiff or Morton) filed this personal injury claim in California state court alleging that Morton’s asbestos-related disease was allegedly caused by the defendants’ acts and omissions involving the use of asbestos at or in the vicinity of Morton’s workplace. The defendant removed the case to federal court (United States District Court, Central District of California) based on federal office removal jurisdiction under 28 U.S.C. § 1442(a).  Here, defendant seeks to put forth the government contractor defense, which outlines that…
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Lack of Federal Officer Subject Matter Jurisdiction Leads to Grant of Remand and Award of Fees

The plaintiff filed this action alleging he developed mesothelioma as a result of exposure to asbestos for which the defendants were liable. Specifically, The plaintiff claimed exposure while serving in the United States Navy onboard the U.S.S. Tortuga from 1956-1959. Defendant Aurora Pump Company (Aurora) removed the case the federal court asserting Federal Officer Removal. The plaintiffs moved to remand. The court began its analysis by stating that removal may be invoked when a defendant establishes that 1) that it is a person within the…
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Federal Officer Removal Statute Found Inapplicable in Negligence Claim Against Shipyard Defendant; Remand Granted United States District Court E.D. Louisiana, June 12, 2018

LOUISIANA – The plaintiff, Gregory Brown brought this action against several defendants including Avondale Shipyard (Avondale) claiming that he developed lung cancer from exposure to asbestos while working for Avondale at its shipyard on and off from 1967-1971. Specifically, Mr. Brown worked as a cleanup man, tacker, and insulator helper. He also claimed exposure to asbestos from his employment for other employers from 1965- 1978. The plaintiff was deposed and gave testimony regarding his work on ships while at Avondale but did not state that…
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Valve Manufacturer Granted Summary Judgment as Court Finds No Evidence of Conspiracy U.S. District Court, District of Delaware, June 6, 2018

DELAWARE — Plaintiff Marguerite MacQueen filed claims in the Superior Court of Delaware against defendant Crane Co., among others, for manufacturing products that exposed her late husband David MacQueen to asbestos during his time aboard the USS Randolph and USS Independence in the United States Navy from 1956 to 1960, and during his time as a salesman for the Union Carbide Corporation from 1963 to 1980.  Crane subsequently removed the matter to federal court on federal officer jurisdiction. Crane moved for summary judgment on the…
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Turbine Manufacturer’s Choice of Law Motion Granted Based on Location of Asbestos Exposure and Diagnosis U.S. District Court for the District of Massachusetts, May 9, 2018

MASSACHUSETTS — Plaintiff Ruth Burleigh, the widow of the plaintiff’s decedent Ernest Burleigh, filed suit in the U.S. District Court for the District of Massachusetts against numerous defendants alleging that decedent developed mesothelioma as a result of exposure to asbestos while working as a mechanic at the Portsmouth Naval Shipyard (the shipyard) from 1960-1981. The shipyard is located in Kittery, Maine, approximately 20 miles from the Massachusetts border. The plaintiff’s decedent alleged exposure to asbestos in Maine only, was a resident of Maine for the…
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Cases Remanded After Court Determines Defendant Shipbuilder Controlled Safety Procedures U.S. District Court for the Eastern District of Louisiana, April 11, 2018

LOUISIANA — The Eastern District of Louisiana granted motions to remand in two separate mesothelioma cases arising out of alleged exposure to asbestos through work for defendant Avondale Industries, Inc., a shipbuilder for the United States Navy. Each plaintiff originally filed their actions in state court, alleging that Avondale failed to warn of the hazards of asbestos and failed to implement proper safety procedures for the handling of asbestos. Avondale removed the matter to federal court on federal officer jurisdiction. In remanding, the court focused…
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Insulation Used On Nuclear Prototype “Ordinary Consumer Product” and Not Subject to Military Contractor Defense U.S. District Court, Central District of California, August 21, 2017

Plaintiffs Wayne and Tina Yocum filed a renewed motion to remand which defendant CBS Corporation (Westinghouse) opposed. Wayne Yocum was diagnosed with mesothelioma and died on February 5, 2017. Without oral argument, the court granted the plaintiffs’ renewed motion to remand. Wayne Yocum served in the Navy from 1965-75. Westinghouse supplied the asbestos-containing insulation that was used in his presence during his naval training on the A1W, a working prototype of a nuclear propulsion system. The plaintiffs originally filed this action in California, and only…
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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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