Lack of Causal Nexus Leads to Grant of Remand Against Shipyard Defendant

LOUISIANA — The plaintiff filed suit against several Defendants including Avondale Shipyards. James Latiolais allegedly developed mesothelioma from his work as a machinist onboard the USS Tappahannock. Avondale removed the case after the plaintiff’s deposition concluded. The removal was made pursuant to Federal Officer Removal Statute, 28 U.S.C. § 1442 (a)(1). The plaintiff moved to remand.

The court began its analysis by discussing the elements associated with Federal Officer Removal. First, the defendant must meet the criteria of being a “person” which includes corporations like …

Continue Reading

Failure to Adopt Safety Measures is Private Conduct That Implicates No Federal Interest

LOUISIANA — Several former employees of Huntington Ingalls, including Robert Templet, brought suit in Louisiana state court, alleging that the company failed to warn them of the risks of asbestos exposure and failed to implement proper safety procedures for handling asbestos.  Templet worked for Huntington Ingalls from 1968 to 2002 and alleged his handling of asbestos-containing materials at various worksites from 1968-79 caused him to contract mesothelioma.

Huntington Ingalls removed the case to the U.S. District Court for the Eastern District of Louisiana under the …

Continue Reading

Case Remanded Based Upon Lack of Fraudulent Joinder

SOUTH CAROLINA — The plaintiff filed a lawsuit in the Court of Common Pleas for Darlington County, South Carolina, alleging that Bertila Boyd-Bostic suffered from mesothelioma due to asbestos exposure in the 1980s. On March 2, 2018, a Third Amended Complaint was filed, alleging that Johnson & Johnson, Imerys Talc America, Rite Aid of South Carolina and others were liable for Ms. Boyd-Bostic’s mesothelioma, based upon her use of baby powder. The recently-joined defendants removed the case on April 6, 2018.

The plaintiff filed an …

Continue Reading

Cases Remanded After Court Determines Defendant Shipbuilder Controlled Safety Procedures

LOUISIANA — The Eastern District of Louisiana granted motions to remand in two separate mesothelioma cases arising out of alleged exposure to asbestos through work for defendant Avondale Industries, Inc., a shipbuilder for the United States Navy. Each plaintiff originally filed their actions in state court, alleging that Avondale failed to warn of the hazards of asbestos and failed to implement proper safety procedures for the handling of asbestos. Avondale removed the matter to federal court on federal officer jurisdiction.

In remanding, the court focused …

Continue Reading

Remand Affirmed Due to Lack of Causal Nexus in Take-Home Exposure Case

LOUISIANA — The Legendre brothers filed suit in Louisiana State Court on behalf of their sister, Mary Jane Wilde, who died from complications related to mesothelioma. Their father, Percy Legendre, worked at a shipyard owned and operated by Huntington Ingalls, Inc. (Avondale) and was allegedly exposed to asbestos. The plaintiffs further alleged that Mary Jane was exposed to asbestos via fibers that were on her father’s work clothes and this exposure caused her to develop mesothelioma.

Defendant Avondale invoked the federal officer removal statute and …

Continue Reading

Second Motion to Remand Denied When Plaintiff Asserted Claims She Previously Waived

OREGON — The plaintiff initially filed her lawsuit on behalf of her father’s estate, in Oregon state court, alleging he was exposed to asbestos while working at Norwest Marine & Iron Works Shipyard and Albina Engine & Machine Works Shipyard. Both shipyards serviced military and civilian vessels. Neither the original nor amended complaints contained specific ship information. Defendants GE and CBS removed to federal court based upon the federal officer removal statute after plaintiff provided a ship list. The plaintiff filed a motion to remand, …

Continue Reading

Four Cases Improperly Removed Due to Citizenship of Managing Agent of Defendant

MONTANA — Four plaintiffs originally filed suit in the Eighth Judicial District of Cascade County Montana alleging exposure to asbestos in Libby, Montana. Defendant BNSF removed the case to federal court on diversity of citizenship grounds, and alleged that BNSF’s managing agent John Swing was fraudulently joined. The court reviewed the Magistrate Judge’s Findings and Recommendations following a November 2017 hearing, and remanded all four cases to state court.

Each of the four plaintiffs named 80-year-old Montana resident John Swing in their complaints, and gave …

Continue Reading

Plaintiff’s Motion to Remand to State Court Denied After Court Finds Federal Jurisdiction under the Outer Continental Shelf Lands Act

LOUISIANA — On June 16, 2017, plaintiff Federico Lopez filed suit against 15 defendants, claiming that his exposure to asbestos as a welder and pipefitter at numerous locations caused his mesothelioma.  Defendants Shell Oil Company and Tennessee Gas Pipeline, LLC, removed the action, invoking federal subject matter jurisdiction pursuant to the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. Section 1349(b), and alternatively, pursuant to federal question jurisdiction, 28 U.S.C. Section 1331.  Further, the defendants contended that the court had supplemental jurisdiction over the plaintiff’s …

Continue Reading

Removal Under Federal Officer Removal Statute Held to Begin on Date of Receipt of Deposition Transcript

On February 23, 2017, the plaintiff filed a complaint against Avondale Shipyards, and numerous other defendants, alleging he suffered mesothelioma from his employment at Avondale. The plaintiff was deposed over eight days from March 9 to April 13, 2017. He was cross-examined by counsel for Avondale on March 10 and 20, 2017. On March 28, 2017, counsel for Avondale received a link to the deposition transcript. Avondale removed the matter on the basis of federal officer jurisdiction on April 27, 2017, 30 days following receipt …

Continue Reading

Denial of Remand When Removal Under Federal Officer Removal Statute Deemed Timely

MARYLAND — The plaintiff filed her lawsuit in the Circuit Court for Baltimore County on June 5, 2015, alleging the decedent was exposed to asbestos at Bethlehem Steel Sparrows Point Shipyard as a riveter heater and boiler maker from 1948 through the 1970s. A co-worker was deposed on December 11, 2015, and testified that decedent was exposed to asbestos from Foster Wheeler products while building ships for the Vietnam War. Foster Wheeler removed the case base on the Federal Officer Removal Statute to the U.S. …

Continue Reading