Category: Remand/Removal

Remand/Removal / Washington
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Military Contractor Defense Does Not Apply to Manufacturers of Commercial Insulation

U.S. District Court for the Western District of Washington, July 22, 2021

Plaintiff George Kraemer alleges that he was exposed to asbestos and asbestos-containing products manufactured and sold by defendant Lone Star Industries (Lone Star) that were used at locations where his father worked as an insulator between 1942 and 1945. He also alleges that he was exposed to asbestos through his own workplace. On October 1, 2020, the plaintiff and his wife initiated this action in King County Superior Court against Lone Star and …

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New York / Remand/Removal
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Removal by Laundry Equipment Manufacturer Untimely Based on Service of Plaintiffs’ Discovery Responses

U.S. District Court for the Southern District of New York, July 8, 2021

Plaintiffs Domenic and Carol Pezzo brought suit against numerous defendants, alleging that the defendants exposed Domenic to asbestos through the course of his employment in various private and public sector roles. On December 10, 2020, almost three months after the suit was initiated, defendant AMETEK, Inc. removed the action to federal court, invoking federal officer removal jurisdiction pursuant to 28 U.S.C. § 1442(a) based on information learned through discovery. The plaintiffs argued …

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Remand/Removal
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Motion to Remand Granted Based on Lack of Diversity in Action Against Oil Refinery

United States District Court for the District of the Virgin Islands, Division of St. Croix, May 25, 2021.

In this action, the plaintiffs, multiple former oil refinery workers, asserted state law tort claims for asbestos-related injuries against Hess Corp. and Hess Oil Virgin Islands Corp. (HOVIC). Hess is a Delaware corporation based in New York. HOVIC is a Virgin Islands corporation with its principal place of business in New York. The action was originally filed in the Superior Court of the Virgin Islands, St. Croix …

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Louisiana / Remand/Removal
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Federal Officer Removal Upheld for Employer Steam Ship Company

U.S. District Court for the Eastern District of Louisiana, May 17, 2021

The plaintiffs alleged that the decedent, Raymond Hutchins, Jr. was exposed to asbestos while working aboard vessels owned and operated by his employer, Lykes Brothers Steamship Company from 1964 to 2006. Specifically, the plaintiffs alleged that Mr. Hutchins worked aboard several vessels built by Avondale Shipyard pursuant to its contracts with the United States Maritime Administration. The plaintiffs filed their suit in state court, and Huntington Ingalls, as successor to Avondale, removed the …

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Louisiana / Remand/Removal
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Plaintiff’s Motion to Remand in Talc Case Granted; In-State Defendant Properly Joined

U.S. District Court for the Eastern District of Louisiana, April 22, 2021

In this asbestos action, Lynne Roy (the decedent) contended that she developed mesothelioma after using various talc products throughout her life. She filed a complaint in the Civil District Court for the Parish of Orleans where she alleged several state law based claims, including strict liability, negligence, professional vendor liability, failure to warn, breach of warranty, defective design, and civil conspiracy. The complaint only named one in-state defendant, K&B. With regard to K&B, …

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Louisiana / Remand/Removal
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Federal Officer Removal Found to Be Proper and Timely in Another Post-Latiolais Decision

U.S. District Court for the Middle District of Louisiana, March 4, 2021

The plaintiffs alleged the decedent, Kirk Reulet, was exposed to asbestos during his own employment at the Avondale Shipyard from 1967 to 1972 and from take-home exposure to asbestos through his father, Pierre Reulet, who worked for Avondale from 1964 to 1977. Defendant Hopeman Brothers, Inc. allegedly performed contracting work with asbestos-containing products at Avondale during Mr. Reulet’s employment. In June 2019, the plaintiffs filed suit against Avondale, Hopeman, and other defendants in …

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Oregon / Remand/Removal
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Plaintiff’s Motion to Remand Denied Due to Complete Diversity

U.S. District Court for the District of Oregon, Medford Division, March 23, 2021

The plaintiff’s third amended complaint alleged that the decedent Bill Jack Sheldon was exposed to airbone asbestos fibers, both by directly working with asbestos and asbestos-containing materials and by working in the vicinity of other workers handling asbestos products between 1972 and 1994 while he was employed in a plywood/veneer mill in Medford, Oregon. At the time of his death, the decedent was a resident of the U.S. Virgin Islands. Mr. Sheldon …

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Louisiana / Remand/Removal
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Court Finds Shipyard Defendants’ Removal Timely Based on Plaintiffs’ Supplemental Discovery Responses; Remand Denied

U.S. District Court for the Eastern District of Louisiana, March 19, 2021

Decedent Frank Labarre worked as a tire repairman or salesman in automobile shops throughout Louisiana throughout his career. In 2016, Mr. Labarre was diagnosed with a “probable asbestos-related lung condition,” and he passed away in 2018. The plaintiff alleged that by performing brake jobs and by performing work at various premises, including those of Avondale, he was regularly exposed to asbestos-containing brake products. Avondale was a customer of the decedent for over four …

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Federal Officer Removal / Maritime/Admiralty Law / Remand/Removal
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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 …

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Louisiana / Remand/Removal
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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 …

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