Category: Remand/Removal

California / Remand/Removal
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Remand Proper Without Evidence of Fraudulent Joinder

U.S. District Court for the Northern District of California, September 3, 2021

Plaintiff John Rathbun was diagnosed with terminal mesothelioma on July 8, 2020, and on December 22, 2020, he and his wife filed suit in state court, asserting claims for negligence, strict liability, negligent misrepresentation, fraud by nondisclosure, and loss of consortium. On April 30, 2021, Chattem removed this action to federal court on diversity grounds, and the plaintiffs have filed a motion to remand to state court.

The defendants argue that the two …

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Federal Officer Removal / Louisiana / Remand/Removal
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Motion to Remand Denied Under Federal Officer Removal Statute

U.S. District Court for the Eastern District of Louisiana, August 26, 2021

In this asbestos action, decedent Salvador Pennino alleged asbestos exposure from working at the Avondale Shipyards. A fact witness deposition took place on January 20, 2021, during which the deponent testified that he observed the decedent hanging ductwork on Lykes Lines vessels. Defendants received the deposition transcript on January 29, 2021, and subsequently filed a Notice of Removal on February 19, 2021. Thereafter, the plaintiffs filed a Motion to Remand, arguing that the …

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Ohio / Remand/Removal
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Court Finds Case Timely Removed within Thirty Days of Production of Plaintiffs’ Products Disclosure List

U.S. District Court for the Northern District of Ohio, Eastern Division, August 13, 2021

The plaintiffs, Lee Kallsen and his wife, Mary Lou, filed a complaint in the Cuyahoga County Court of Common Pleas against various defendants alleging Mr. Kallsen was exposed to the defendants’ asbestos and asbestos-containing materials, which caused him to develop mesothelioma. Specifically, he alleges he was exposed to asbestos and asbestos-containing materials while aboard the U.S.S Hornet.

One week prior to Mr. Kallsen’s deposition, the plaintiffs tendered a preliminary product identification …

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Remand/Removal / Washington
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Remand Granted and Attorneys’ Fees Awarded Against Valve Manufacturer

U.S. District Court for the Western District of Washington, August 9, 2021

On June 1, 2021, David and Linda Welch filed claims in King County Superior Court against various defendants who are allegedly responsible for mining, manufacturing, and/or installing the asbestos that has caused David’s newly diagnosed pleural mesothelioma. The plaintiffs moved for an expedited trial pursuant to RCW 4.44.025 on June 23, 2021. Defendant Velan Valve Corp filed an instant motion to remove after the plaintiffs had filed for voluntary dismissal against Velan.

By …

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Remand/Removal / Washington
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Military Contractor Defense Does Not Apply to Manufacturers of Commercial Insulation

U.S. District Court for the Western District of Washington, July 22, 2021

Plaintiff George Kraemer alleges that he was exposed to asbestos and asbestos-containing products manufactured and sold by defendant Lone Star Industries (Lone Star) that were used at locations where his father worked as an insulator between 1942 and 1945. He also alleges that he was exposed to asbestos through his own workplace. On October 1, 2020, the plaintiff and his wife initiated this action in King County Superior Court against Lone Star and …

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New York / Remand/Removal
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Removal by Laundry Equipment Manufacturer Untimely Based on Service of Plaintiffs’ Discovery Responses

U.S. District Court for the Southern District of New York, July 8, 2021

Plaintiffs Domenic and Carol Pezzo brought suit against numerous defendants, alleging that the defendants exposed Domenic to asbestos through the course of his employment in various private and public sector roles. On December 10, 2020, almost three months after the suit was initiated, defendant AMETEK, Inc. removed the action to federal court, invoking federal officer removal jurisdiction pursuant to 28 U.S.C. § 1442(a) based on information learned through discovery. The plaintiffs argued …

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Remand/Removal
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Motion to Remand Granted Based on Lack of Diversity in Action Against Oil Refinery

United States District Court for the District of the Virgin Islands, Division of St. Croix, May 25, 2021.

In this action, the plaintiffs, multiple former oil refinery workers, asserted state law tort claims for asbestos-related injuries against Hess Corp. and Hess Oil Virgin Islands Corp. (HOVIC). Hess is a Delaware corporation based in New York. HOVIC is a Virgin Islands corporation with its principal place of business in New York. The action was originally filed in the Superior Court of the Virgin Islands, St. Croix …

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Louisiana / Remand/Removal
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Federal Officer Removal Upheld for Employer Steam Ship Company

U.S. District Court for the Eastern District of Louisiana, May 17, 2021

The plaintiffs alleged that the decedent, Raymond Hutchins, Jr. was exposed to asbestos while working aboard vessels owned and operated by his employer, Lykes Brothers Steamship Company from 1964 to 2006. Specifically, the plaintiffs alleged that Mr. Hutchins worked aboard several vessels built by Avondale Shipyard pursuant to its contracts with the United States Maritime Administration. The plaintiffs filed their suit in state court, and Huntington Ingalls, as successor to Avondale, removed the …

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Louisiana / Remand/Removal
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Plaintiff’s Motion to Remand in Talc Case Granted; In-State Defendant Properly Joined

U.S. District Court for the Eastern District of Louisiana, April 22, 2021

In this asbestos action, Lynne Roy (the decedent) contended that she developed mesothelioma after using various talc products throughout her life. She filed a complaint in the Civil District Court for the Parish of Orleans where she alleged several state law based claims, including strict liability, negligence, professional vendor liability, failure to warn, breach of warranty, defective design, and civil conspiracy. The complaint only named one in-state defendant, K&B. With regard to K&B, …

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Louisiana / Remand/Removal
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Federal Officer Removal Found to Be Proper and Timely in Another Post-Latiolais Decision

U.S. District Court for the Middle District of Louisiana, March 4, 2021

The plaintiffs alleged the decedent, Kirk Reulet, was exposed to asbestos during his own employment at the Avondale Shipyard from 1967 to 1972 and from take-home exposure to asbestos through his father, Pierre Reulet, who worked for Avondale from 1964 to 1977. Defendant Hopeman Brothers, Inc. allegedly performed contracting work with asbestos-containing products at Avondale during Mr. Reulet’s employment. In June 2019, the plaintiffs filed suit against Avondale, Hopeman, and other defendants in …

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