Category: Remand/Removal

Remand/Removal
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Shipyard Defendant’s Removal Deemed Timely and Sufficient to Satisfy Federal Officer Removal Statute

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

The plaintiff, Callen Cortez, alleged that he was exposed to asbestos during his employment at the Avondale Shipyards from 1969 to 1974, which included riding to and from work with other Avondale employees on a labor bus. Cortez was diagnosed with mesothelioma in June 2020, and field suit against numerous defendants, including Huntington Ingalls, Inc., the successor to Avondale, in the Civil District Court for the Parish of Orleans. Cortez’s complaint alleged failure-to-warn and other negligence …

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Remand/Removal / State
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Case Remanded to State Court as Brake Manufacturer Failed to Obtain Consent From all Remaining Defendants

U.S. District Court for the Northern District of Illinois, Eastern Division

Eugene Longobardi sued numerous asbestos manufactures in Illinois state court after he developed mesothelioma, alleging that his disease was caused by his exposure to asbestos while serving in the U.S. Army from 1974 to 1981. Shortly thereafter, Longobardi died and Pamela Langobardi was named plaintiff and administrator of his estate. Pamela amended the complaint to add Honeywell International (Honeywell) as a defendant. Honeywell removed the suit to federal court premising jurisdiction on the diversity …

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Federal Officer Removal / Louisiana / Remand/Removal
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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 …

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Remand/Removal
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Deposition Testimony Implicates Federal Officer Removal; Removal Deemed Timely

U.S. District Court for the Eastern District of Louisiana, September 3, 2020

The plaintiff, Lana Waguespack, initiated the instant matter in state court against Avondale and others asserting that she contracted mesothelioma after being exposed to asbestos brought home on the clothes of her father, brother, and ex-husband. During a deposition, according to Avondale, the plaintiff’s father testified that an area that he worked in was exclusively for the construction of federal vessels.

Avondale received the transcript on June 12, 2020, and filed the Notice …

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Arizona / Remand/Removal
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Case Remanded to State Court Due to Lack of Diversity or Federal Enclave Jurisdiction Over Equipment Manufacturer

In Hatten v. Grobet United States, the U.S. District Court for the District of Arizona recently ruled on a defendant’s motion to remove the case to federal court. In this case, plaintiff Renee Hatton alleged that as a result of the defendants’ actions, her mother contracted mesothelioma from exposure to asbestos-containing products between 1977 and 1979 while working as an art teacher and jewelry-making instructor at Fort Huachuca. Defendant Grobet filed a notice of removal, asserting that the court had federal enclave jurisdiction, as …

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Federal Officer Jurisdiction / Louisiana / Remand/Removal
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Shipyard’s Removal to Federal Court Granted Based on New Case Law

In a case previously covered by Asbestos Case Tracker, the court granted plaintiff’s motion to remand after Avondale removed this case to federal court. In this instant matter, defendant Avondale  again removed this case relying on the Fifth Circuit’s opinion in Latiolais v. Huntington Ingalls, Inc., a case in which it overturned the court’s prior “causal nexus” jurisprudence and adopted a broader “relating to” test. The plaintiff again moves for remand arguing (1) that the defendant’s removal was untimely and (2) that the …

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Federal Officer Removal / Louisiana / Remand/Removal
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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 …

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Louisiana / Remand/Removal
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Remand of Trailer Manufacturer’s Removal Granted Based on Lack of Diversity

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

The plaintiffs brought the instant action alleging that decedent John Brindell was exposed to asbestos-containing products during his employment for Puerto Rico Marine Management (PRMM) as a mechanic at the Port of New Orleans. The plaintiffs filed a petition in the Civil District Court for the Parish of Orleans against several defendants including Utility Trailer Manufacturing Company, Taylor-Seidenbach, Inc., Eagle Inc., and Eagle’s insurers-First State Insurance Company, and United States Fidelity and Guaranty Company.

Defendant Utility …

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Federal Officer Removal / Louisiana / Remand/Removal
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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 …

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Remand/Removal
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Motion to Remand Denied Based Upon Two Sources of Federal Jurisdiction

U.S. District Court for the Eastern District of Louisiana, May 20, 2020

This case was initially filed by the plaintiff in Louisiana state court. The plaintiff alleged that Louis Elie, Jr. (the decedent) contracted and died from lung cancer as a result of his exposure to asbestos, while working as a laborer for Sperry Rand Corp. at the Louisiana Army Ammunition Plant (LAAP) from 1967 to 1974. Defendant Unisys Corp. (successor in interest to Sperry Rand Corp.) removed this action to federal court. The plaintiff …

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