For purposes of this article, the mesothelioma victim in this case will be referred to as R.L.
In a recent decision, the Ninth Circuit Court of Appeals affirmed a lower court's decision not to remove a mesothelioma case to federal court. This case pertains to R.L., an Oregon resident who developed malignant pleural mesothelioma after he was allegedly exposed to asbestos-contaminated products. R.L. filed a mesothelioma lawsuit against 51 defendants, including Foster Wheeler Energy Corporation. Foster Wheeler tried to remove the case from the Oregon state court's jurisdiction, but R.L. argued that the removal was unjustified. The District Court for the District of Oregon agreed. The defendant then appealed that decision to the Appeals Court, which upheld the lower court's decision.
Soon after R.L. filed his mesothelioma lawsuit, Foster Wheeler tried to transfer the case to federal court by invoking the federal officer removal statute. Under this law, a case involving actions carried out under the direction of a federal officer can be heard in federal court instead of state court. Foster Wheeler claimed that the actions that exposed R.L. to asbestos were conducted under government direction. However, Mr. R.L. opposed this move and filed a motion to remand. The district court agreed with the plaintiff that the removal statute did not apply. The court granted R.L.'s motion. Foster Wheeler then appealed to the Ninth Circuit Court of Appeals, which recently upheld the district court's decision.
The main issue in this case was whether Mr. R.L.'s case included claims based on asbestos exposure while working on Coast Guard Ships, Navy Vessels, or military-commissioned civilian ships. Such cases might qualify to be removed from state court to federal court under the federal officer removal statute, as companies like the defendant may have been simply following government instructions when performing such work.
Mr. R.L. and his legal team clarified to the circuit court that the claim against Foster Wheeler specifically excluded any asbestos exposure that may have happened on Navy Vessels or other military ships. Leaving such exposures out of the claim eliminated the application of the federal officer removal statute. This crucial detail eliminated any direct link between federal oversight and the asbestos exposure in question.
After assessing the arguments presented by both sides and examining the lower court's rationale, the Ninth Circuit concluded that there was no legal justification for transferring the case to federal court. The Appellate Court agreed with the district court that Mr. R.L.'s disclaimer that his claim did not include any Navy-related exposure severed any causal connection between his claims and the work Foster Wheeler did under the government's direction. The court also rejected the defendant's additional argument that the case fell under admiralty jurisdiction. The case will remain in the Oregon court system.
Arizona Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.
