Deposition Testimony Implicates Federal Officer Removal; Removal Deemed Timely

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U.S. District Court for the Eastern District of Louisiana, September 3, 2020

The plaintiff, Lana Waguespack, initiated the instant matter in state court against Avondale and others asserting that she contracted mesothelioma after being exposed to asbestos brought home on the clothes of her father, brother, and ex-husband. During a deposition, according to Avondale, the plaintiff’s father testified that an area that he worked in was exclusively for the construction of federal vessels.

Avondale received the transcript on June 12, 2020, and filed the Notice of Removal on July 10, 2020, under the federal officer removal statute. The plaintiffs challenged the timeliness of the removal.

The court held that Avondale removed the case in a timely fashion, namely in under 30 days from receipt of the transcript, and denied the motion to remand.