Motion to Remand Archives - Asbestos Case Tracker

Court Rejects Motion to Remand Asbestos Exposure Case to State Court

Jurisdiction: United States District Court for the Eastern District of Louisiana

Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state court. Defendants Huntington Ingalls Inc. (Avondale), Hopeman Brothers Inc. and other defendants opposed the motion to which LaGrange filed a reply.

LaGrange claimed to have contracted mesothelioma as a result of asbestos exposure by laundering her husband’s work clothes. Her husband, Allen C. LaGrange, was allegedly exposed to asbestos while working as …

January 18, 2024 Motion to Remand

Posted by: Nicole Caspers

Plaintiff’s Motion to Remand Granted in Leopold v. Air

U.S. District Court for the Southern District of Illinois

In Leopold v. Air, plaintiff Debra Leopold filed an asbestos action in the Circuit Court for the Third Judicial Circuit, Madison County, Illinois. Defendant Goulds Pumps, LLC removed the case to the U.S. District Court for the Southern District of Illinois pursuant to the provisions of 28 U.S.C. § 1442(a)(1) with only one defendant, Carrier Corporation joining in the motion. In response, the plaintiff filed a motion to remand. No objections were filed to the motion.…

Business and lawyers discussing contract papers with brass scale on desk

May 2, 2023 Motion to Remand / Ohio / Remand/Removal

Posted by: Jillian E. Madison

Court Finds No Fraudulent Joinder, Plaintiff Successful on Motion to Remand

Court: United States District Court for the Northern District of Ohio; April 28, 2023

This asbestos-related action was brought by plaintiff Carolyn Keiser on behalf of herself and as the executor of her husband, decedent David Keiser’s estate. The decedent was diagnosed with mesothelioma, which the plaintiff alleges was caused by his occupational exposure to asbestos from defendants Donald McKay Smith, Inc. (“DMS”), Red Seal Electric Company and Vanderbilt Minerals LLC.

Plaintiff originally brought this action in state court. Defendant Vanderbilt removed it to federal …

March 7, 2023 Louisiana / Motion to Remand / Remand/Removal

Posted by: Jillian E. Madison

District Court Finds Defendant Has Colorable Federal Officer Statutory Defense, Denies Plaintiffs’ Motion to Remand

Court: United States District Court for the Eastern District of Louisiana

This is an asbestos-related lawsuit claiming that Shelton Boutte contracted lung cancer from alleged exposure to asbestos during his career as a rigger at the Avondale Shipyard from 1973 to 1975. Plaintiffs bring this lawsuit against defendant, Huntington Ingalls, as successor in interest and party responsible for the Avondale Shipyard. Plaintiffs originally filed this lawsuit in Civil District Court for the Parish of Orleans. Defendant removed the case to district court, and in response, …

August 4, 2022 Motion to Remand / Pennsylvania

Posted by: Asbestos Case Tracker

Plaintiffs’ Motion to Remand Granted Based on Claim Disclaimer in Action against Boiler Manufacturer

U.S. District Court for the Middle District of Pennsylvania, August 2, 2022

Plaintiffs Kathryn and Earl Heilner filed a lawsuit against Foster Wheeler and 71 other defendants in the Dauphin County Court of Common Pleas to recover damages Earl allegedly sustained due to asbestos exposure, which caused him to develop lung cancer. The complaint asserted claims for product liability, breach of implied warranty, negligence, fraudulent concealment of the harmful nature of asbestos, conspiracy, and loss of consortium. Specifically, the plaintiffs alleged that Earl was exposed …