The Supreme Court recently denied a petition for a writ of certiorari in Leite v. Crane Co., 49 F.3d 1117 (9th Cir. 2014), cert. denied, 574 U.S. ___ (2014) (No. 14-119), a case in which the Ninth Circuit established the framework for resolving challenges to removal jurisdiction. The cert denial presents an opportunity to examine the Ninth Circuit’s ruling and the guidance it offers to defendants seeking to successfully remove to federal court.

FEDERAL OFFICER REMOVAL IN LEITE -

Leite involved product liability claims by plaintiffs who had worked as machinists at the Pearl Harbor Naval Shipyard. The plaintiffs filed two suits against Crane Co. in state court, alleging that Crane had failed to warn them of the dangers posed by asbestos used in and around equipment supplied by Crane to the U.S. Navy.