In this case, the plaintiff originally filed the action in the Third Judicial Circuit, Madison County, Illinois alleging exposure to asbestos as an aircraft mechanic, helicopter mechanic, and laborer at various locations throughout the United States between 1958 and 2006. The plaintiff’s work on helicopters was while he served in the U.S. Army. Defendant Boeing removed the case to federal court based on the federal officer removal statute. The plaintiff moved for a remand based on his previously filed waiver of all claims related to his military service.
The court agreed with plaintiff and granted the remand, holding: “the complaint contains allegations of asbestos exposure spanning Plaintiff’s forty-year employment history as an aircraft mechanic, helicopter mechanic, and laborer. In the complaint and the notice of disclaimer, Plaintiff has made clear statements that his claims do not include any work performed while in the military or on military machinery. Accordingly, the Court finds that Plaintiff has effectively waived any claim based on exposure in the military and Plaintiff’s motion is granted. The Court remands this case to the Third Judicial Circuit, Madison County, Illinois.”