Remand/Removal Archives - Asbestos Case Tracker

June 7, 2024 Remand/Removal

Plaintiff’s Motion to Remand Denied as Plaintiff’s Former Employer Satisfies the Federal Officer Removal Statute

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

Plaintiff Wilson Goffner, Sr. was diagnosed with malignant lung cancer in March 2020following his employment at the Avondale shipyard in the late 1960s and 1970s. In February 2021, the plaintiff filed a petition for damages in the Civil District Court for the Parish of New Orleans, asserting claims under Louisiana state tort law against numerous defendants, including his former employer, Avondale Industries. Avondale then removed the action to the Louisiana Eastern District Court, invoking federal jurisdiction …

Business and lawyers discussing contract papers with brass scale on desk

Posted by: Jillian E. Madison

Talc Manufacturer’s Removal Motion Denied Joinder; Case Remanded to State Court

Jurisdiction: United States District Court for the Southern District of New York; September 18, 2023

Plaintiff Ann Greenberg’s asbestos-related lawsuit against defendants Johnson & Johnson and Kolmar Laboratories asserts that she contracted an asbestos-related disease from her use of Johnson’s Baby Powder, whichshe alleged contained asbestos-contaminated talc.

Johnson & Johnson filed a motion to remove the action to federal court on August 27, 2021, invoking diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). Plaintiff opposed, and Johnson & Johnson filed a timely reply alleging the …

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 28, 2023 Federal Officer Removal / Remand/Removal

Posted by: Jillian E. Madison

District Court Denies Plaintiff’s Motion to Remand despite Dismissal of Defendant that Formed the Basis of Federal Jurisdiction

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

As previously reported on Asbestos Case Tracker, this matter involves Plaintiff Frank P. Ragusa, who filed an action against various defendants in state court alleging occupational asbestos exposure at the Avondale Shipyards, among other facilities, where he worked as a crane operator from 1973 through 2017. On October 26, 2021, this case was removed to district court pursuant to the federal officer removal statute. The plaintiff has now reinstated a motion to remand to state court. …

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, …

March 3, 2023 California / Remand/Removal

Posted by: Elizabeth Lautenbach Adams

Case Remanded to California State Court; Plaintiff Awarded Motion Costs and Fees

Court: United States District Court for the Northern District of California

In this asbestos action, plaintiff Gary Haeck sued several defendants for causes of action in strict products liability, negligence, fraud, and loss of consortium, including five entities that are California citizens.

Haeck moved for an expedited trial, which the court granted for December 2022. Defendant 3M moved to quash, or sever, the trial date as to them. The court severed two defendants, including 3M, from the December 2022 trial date and set a trial …

January 13, 2023 Louisiana / Remand/Removal

Posted by: Elizabeth Lautenbach Adams

Motion to Remand Denied as Defendant’s Removal Timely Under Federal Officer Removal Statute

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

In this asbestos action, decedent Gayle LeBeau alleged take-home exposure to asbestos from her father and brother’s work at the Avondale Shipyards. After decedent filed her claim in state court, defendant Huntington Ingalls Incorporated (“Avondale”) removed the case to federal court. Plaintiffs moved to remand the case to state court, which Avondale opposed.

Plaintiffs argued that removal was untimely as Avondale had notice of the appropriateness of removal from the decedent’s original petition on …

December 22, 2022 Remand/Removal / Washington

Posted by: Asbestos Case Tracker

Plaintiff’s Motion to Remand Granted Due to Lack of Fraudulent Joinder

Court: United States District Court for the Western District of Washington

Plaintiff Jeffrey Cockrum alleged exposure to asbestos from his work as a laborer and laboratory technician at Alcoa Wenatchee Works, an aluminum smelting facility. The plaintiff was diagnosed with epithelioid mesothelioma in March 2022. In June 2022, he filed the instant lawsuit in King County Superior Court against seven defendants, including Howmet Aerospace, Alcoa’s corporate successor.

The plaintiff did not initially name a Washington defendant but later added North Coast Electrical Company, a Washington …

July 14, 2022 Remand/Removal / Washington

Posted by: Asbestos Case Tracker

Plaintiffs’ Motion to Remand Granted Due to Railroad Company Defendant’s Untimely Motion for Removal  

United States District Court for the Eastern District of Wisconsin , July 13, 2022

Plaintiffs Trisha and David Babler filed a lawsuit to recover damages Trisha allegedly sustained as a result of “take-home” asbestos exposure from her father, who was employed at Soo Line Railroad Company (SLR).  Plaintiffs named Sprinkmann Sons Corporation as a defendant “based on inferences that Sprinkmann was either a contractor at the North Fond du Lac SLR facility and/or supplied asbestos-containing materials to SLR for use at that facility.” 

Discovery …

March 18, 2022 Louisiana / Maritime/Admiralty Law / Remand/Removal

Posted by: Elizabeth Lautenbach Adams

Federal Court Exercises Supplemental Jurisdiction in Shipyard Case

U.S. District Court for the Eastern District of Louisiana, March 17, 2022

In this asbestos action, decedent Joseph B. Savoie, Jr. developed mesothelioma after being exposed to asbestos at the Avondale Shipyards. Certain defendants removed this matter to federal court in 2015. Following the plaintiff’s motion to remand, the Fifth Circuit held that removal was proper as the “Avondale Interests presented a colorable defense of federal contractor immunity” in 2017. The Avondale Interests were dismissed in 2021. Thereafter, the plaintiffs filed a motion to remand …