News & Analysis as of

Officer Removal Asbestos Litigation

Goldberg Segalla

Plaintiff’s Motion to Remand Granted in Leopold v. Air

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U.S. District Court for the Southern District of Illinois - In Leopold v. Air, plaintiff Debra Leopold filed an asbestos action in the Circuit Court for the Third Judicial Circuit, Madison County, Illinois. Defendant...more

Goldberg Segalla

Plaintiff’s Motion to Remand Denied; Court Finds Defendants’ Removal Timely

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Court: United States District Court for the Southern District of Alabama, Southern Division - This action was filed in the Circuit Court of Mobile County, Alabama, on June 23, 2022. The complaint named numerous...more

Goldberg Segalla

District Court Denies Plaintiff’s Motion to Remand despite Dismissal of Defendant that Formed the Basis of Federal Jurisdiction

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U.S. District Court for the Eastern District of Louisiana - As previously reported on Asbestos Case Tracker, this matter involves Plaintiff Frank P. Ragusa, who filed an action against various defendants in state court...more

Goldberg Segalla

Motion to Remand Denied as Defendant’s Removal Timely Under Federal Officer Removal Statute

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Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, decedent Gayle LeBeau alleged take-home exposure to asbestos from her father and brother’s work at the Avondale...more

Husch Blackwell LLP

Submarine Manufacturer Successfully Dives into Federal Waters with Effective Removal of Asbestos Case in the First Circuit

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Recently, in Moore v. Elec. Boat Corp., No. 21-1566, 2022 WL 278535 (1st Cir. Jan. 31, 2022), a government contractor-defendant successfully appealed remand based on 28 U.S.C. § 1442, the so-called Federal Officer Removal...more

Husch Blackwell LLP

Fifth Circuit Sets Bright Line Rule For Timing Requirement Under Federal Officer Removal Statute

Husch Blackwell LLP on

In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28...more

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