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