Federal Court Remands Case to State Court Based on Plaintiff’s Waiver of Federal Claims Against Removing Defendant

On June 15, 2015, plaintiffs Charles Ford and Carol Ford filed an action in the Alameda County Superior Court alleging state law claims for Mr. Ford’s exposure to asbestos from numerous defendants. Defendant Foster Wheeler Energy removed the matter to federal court in November 2015 following Mr. Ford’s testimony that he worked aboard the USS Oklahoma City while working for the Bethlehem Shipyards in the late 1960s. In December 2015, the laintiffs filed a notice of waiver, which stated that they waive any claims against Foster Wheeler that arise out of Mr. Ford’s exposure to asbestos at any military or federal jobsites or from U.S. military or other federal government vessels.

The court granted the remand holding: “This Court, other courts within this District, and courts within neighboring districts, have found similar disclaimers sufficient to eviscerate Foster Wheeler’s grounds for removal.”

Read the full decision here.