Case Remanded to State Court as Shipyard Defendant Fails to Show Causal United States District Court, E.D. Louisiana, August 1, 2018

LOUISIANA — The plaintiff Terry Brady alleged that his lung cancer was caused by exposure to asbestos while working aboard U.S. Navy vessels from 1968-1989. During the plaintiff’s time aboard the USS Robert A. Owens, the ship docked at a shipyard operated by defendant Avondale Shipyards. The plaintiff filed this matter in state court, alleging that the defendants failed to warn of the hazards of asbestos, failed to provide a safe environment, and failed to employ safe procedures for handling asbestos. Avondale removed the case…
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Remand Affirmed on Appeal Due to Lack of Causal Connection to Support Removal Under Federal Officer Statute U.S. Court of Appeals, Fifth Circuit, July 26, 2018

The family of Tyrone Melancon filed suit in Louisiana state court alleging that his development of mesothelioma and subsequent death were caused by his exposure to asbestos at the Huntington Ingalls shipyard where he was employed from 1965 to 1979. The plaintiffs alleged that Huntington Ingalls negligently failed to warn Tyrone Melancon of the dangers of asbestos and failed to implement safety procedures for handling asbestos. Huntington Ingalls removed the case to federal court under the federal officer removal statute, alleging that removal was permissible…
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Bankruptcy Status of Louisiana Defendant Does Not Provide Grounds For Removal United States District Court, Eastern District of Louisiana, July 26, 2018

LOUISIANA — The plaintiff filed suit against multiple defendants alleging that he contracted mesothelioma as a result of exposure to asbestos products at various worksites from 1960-1979. The plaintiff initially filed suit against 20 defendants in the Civil District Court for the Parish of Orleans. On July 23, 2018 Defendants Union Carbide Corporation and Bayer CropScience, Inc. filed a notice of removal, stating that the plaintiff had settled with all remaining parties and alleging that complete diversity existed. Concurrently, the plaintiffs filed a motion to…
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Removal Under Federal Enclave Jurisdiction Deemed Timely U.S.D.C. for the Western District of Pennsylvania, June 28, 2018

PENNSYLVANIA — The plaintiff, Harald Mehnert, filed suit in the Allegheny County Court of Common Pleas, alleging he suffered from mesothelioma due to asbestos exposure incurred while working on Mass Spectrometers at the U.S. Geological Survey Department in Denver, Colorado, from 1959 to 1995. He filed suit on November 27, 2017 and all defendants were served with process by January 17, 2018. The complaint did not allege the location of the plaintiff’s work. On April 3, 2018, the plaintiff served answers to interrogatories indicating that…
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Defendant’s Joinder Denied; Parallel Suits Allowed in Federal and State Court United States District Court, S.D.N.Y, June 21, 2018

NEW YORK — On October 3, 2017, the plaintiffs filed two lawsuits in New York state court against two different groups of defendants. One lawsuit was filed against 83 defendants, not including Crane Co. (Crane), alleging that John Grimes developed mesothelioma as a result of exposure to defendants’ asbestos-containing products. At present, that matter remains pending in state court. The second action—the instant action—was filed against four other defendants, including Crane. The plaintiffs similarly alleged that Mr. Grimes developed mesothelioma as a result of exposure…
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Concrete Factual Information Starts the 30-Day Removal Clock United States District Court, N.D. Illinois, Eastern Division., June 22, 2018

ILLINOIS — In September 2016, the plaintiff was diagnosed with mesothelioma, and in September 2017, he filed suit against a defendant, and a number of other parties, alleging his illness was caused by exposure to asbestos. The plaintiff claimed that his exposure occurred between 1970 and 2004 while he was serving in the United States Air Force, working as a commercial airline mechanic, and/or engaging in home remodeling and other activities. The defendant was served with the plaintiff’s complaint on September 21, 2017 and filed…
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Remand Denied Upon Plaintiff’s Failure to Properly Disclaim Federal Officer Removal United States District Court, S.D. Illinois. June 19, 2018

ILLINOIS – The plaintiff Janice Reinbold filed suit against several defendants alleging her decedent, Gerald Reinbold, developed lung cancer from occupational exposure to asbestos while working as a shipfitter at the Puget Sound Naval Shipyard, amongst other sources. Defendant Crane Company (Crane) removed the case to federal court asserting Federal Officer Removal. The plaintiff moved to remand. The court reminded the parties of the standard for Federal Officer Removal, and stated that the statute allows removal when “action is brought against the United States or…
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Talc Case Remanded as Defendant Fails to Establish Improper Joinder United States District Court, E.D. Louisiana, May 17, 2018

LOUISIANA — The plaintiff, Marilyn Rousseau, sued defendants Johnson & Johnson (J&J) and K&B Louisiana Corporation (d/b/a Rite Aid Corporation), among others, claiming that her mesothelioma was caused in part by her use of their allegedly asbestos-contaminated talc products.  Plaintiff, who was a Louisiana citizen, originally brought the suit in state court in Orleans Parish.  J&J removed the case to federal court, claiming diversity jurisdiction and contending that K&B Louisiana, the only non-diverse defendant entity, was improperly joined. Noting that the improper joinder doctrine constituted…
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Lack of Causal Nexus Leads to Grant of Remand Against Shipyard Defendant U.S. District Court for the Eastern District of Louisiana, May 4, 2018

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…
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Failure to Adopt Safety Measures is Private Conduct That Implicates No Federal Interest U.S. Court of Appeals, Fifth Circuit, May 1, 2018

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…
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