Defendants Prevail on Removal to Federal Court Based on Federal Officer Removal Statute

U.S. District Court for the Eastern District of Louisiana, March 31, 2021

In October 2019, plaintiff Stephen Legendre, filed a lawsuit alleging that he contracted mesothelioma in September 2019. He alleged that his mesothelioma was caused by take-home exposure to asbestos from his father who worked at Avondale from 1943 to 1945.

The defendants removed this matter pursuant to the Federal Officer Removal Statute, 28 U.S.C. § 1442. Thereafter, the plaintiff filed a motion to remand asserting federal jurisdiction is not warranted.

28 U.S.C. § 1442(a)(1) makes removable …

Continue Reading

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

Court of Appeals Affirms Summary Judgment Finding No Evidence Decedent Exposed to Defendants’ Products

U.S. Court of Appeals for the Fifth Circuit, February 26, 2021

The plaintiffs claim their farther, a mechanical engineer at the NASA Michoud Assembly Facility (MAF), was killed by asbestos products sold and installed by defendants McCarty Corporation and Taylor Seidenbach, Inc.  Deteriorating asbestos and asbestos remediation occurred in the buildings in which the decedent worked.

The plaintiffs appealed the district court’s granting of summary judgment for the defendants concluding that the court found no evidence of decedent’s exposure to respirable asbestos at the MAF.  …

Continue Reading

Case Remanded to State Court as Defendants Failed to Show Improper Joinder

U.S. District Court for the Eastern District of Louisiana, January 13, 2021

Plaintiff Brent Deaville filed the within action in state court against numerous defendants in January 2020. The plaintiff alleged he contracted mesothelioma as a result of his exposure to asbestos while working as an insulator, plumber/pipefitter and mechanic at several facilities in Louisiana from the 1960s through 1990. On November 12, 2020, defendants Exxon Mobil Corp., Ferguson Enterprises, Inc. and J-M Manufacturing Co., Inc. removed this matter to federal court alleging diversity jurisdiction.…

Continue Reading

Plaintiffs Successfully Disclaim Naval Exposure, Divesting Federal Court of Subject Matter Jurisdiction

U.S. District Court for the Western District of Pennsylvania, October 1, 2020

Plaintiffs David Martincic and Merl Williams alleged that Mr. Martincic was diagnosed with mesothelioma as a result of his exposure to asbestos brought home on the clothing, body, and person of several family members who worked at American Cyanamid in Bridgeville, Pennsylvania from 1946 through the 1970s. The plaintiffs filed suit against 173 defendants, including Foster Wheeler, LLC in the Court of Common Pleas of Allegheny County, Pennsylvania. In June 2020, Foster Wheeler …

Continue Reading

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

Motion for Reconsideration on Removal in Shipyard Case Granted

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

The plaintiff, Patricia Jackson, alleges asbestos exposure while employed by Avondale Shipyard between 1970 and 1977. She further alleged asbestos exposure from father’s work clothing while he was employed by Avondale between 1962 and 1975. The plaintiff filed suit against numerous defendants including Huntington Ingalls Incorporated, Albert L. Bossier, Jr., and Lamorak Insurance Company (collectively, the Avondale defendants), Taylor Seidenbach, International Paper, Eagle, Inc., Liberty Mutual Insurance Company, and Hopeman Brothers, Inc. in state court. The case …

Continue Reading

Plaintiff’s Motion to Remand on Timeliness of Defendant’s Removal on Federal Officer Jurisdiction Denied

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

Plaintiff H. Francis alleged he was diagnosed with lung cancer as a result of his work as a rod clerk for Avondale Shipyards from 1973 to 1974. Mr. Francis was deposed on January 21, 2020 regarding these allegations, and Avondale received his deposition transcript on February 4, 2020. On March 24, 2020, Avondale filed a Notice of Removal, seeking to remove the case from Louisiana State court to the U.S. District Court for the Eastern District …

Continue Reading

Colorable Federal Officer Defense Leads to Denial of Remand in Shipyard Mesothelioma Case

United States District Court, Eastern District of Louisiana.

Plaintiff Jesse Hernandez filed suit against several defendants alleging he developed mesothelioma while working summers in 1968, 1969 and 1970 at the Avondale Shipyard as a painter’s helper and assistant clerk. During his deposition, he recalled working on board several vessels in the main yard and U.S. Navy destroyers. The defendants removed the case based on federal officer removal. Plaintiff moved to remand.

The Court quickly concluded that the defendants had a colorable federal defense. Relying on …

Continue Reading

Remand Granted After Finding that Removal Period was Triggered by Plaintiffs’ Discovery Responses

NEW YORK – The plaintiffs sued dozens of defendants, including Cleaver-Brooks, alleging that Frederick Brown developed an asbestos-related injury as a result of exposure to the defendant’s products. The complaint was filed in July 2017. The plaintiff served answers to interrogatories in October 2017. The responses stated in pertinent part “…While performing my sheet metal worker duties, I was exposed to asbestos from the work I did as well as from the work of tradesmen around and in close proximity to me who were cleaning, …

Continue Reading