Category: Remand/Removal

The plaintiffs brought claims sounded in negligence, intentional tort, fraud and strict liability for their decedent’s mesothelioma which was alleged to have developed after coming into contact with her husband’s asbestos laden clothes. Mr. Tregre was alleged to have worked for Avondale Industries, a predecessor to Huntington Ingalls, Inc. while onboard ship construction.

Avondale removed the case to the U.S. District Court on May 16, 2016 under federal officer removal statute and argued that it built ships under contract for the U.S. who required the …

Various plaintiffs (Baclaan plaintiffs) filed a motion to remand and/or abstain and a motion for leave to name a new party defendant. Other groups of plaintiffs (Toro plaintiffs and Hopkins plaintiffs) filed similar motions in their respective cases.  Defendant Arter & Hadden LLP (A&H) filed a joint memorandum in opposition to all three motions, to which all three groups of plaintiffs replied. The court granted all the motions and remanded all cases to state court.

Baclaan and Toro plaintiffs are class actions and Hopkins is …

The plaintiffs brought this action in state court against numerous defendants including Foster Wheeler LLC and Foster Wheeler Energy Corporation alleging Mr. Ripley developed mesothelioma while working as a boilermaker at Norfolk Naval Shipyard in Virginia from 1969-72 and again from 1974 until the late 1970s. Foster Wheeler removed the case based on the federal officer removal statute. Specifically, Foster Wheeler asserted the government contractor defense. The plaintiff moved to remand. Following “decades old practice of denying the government contractor defense in a failure to …