Military shipbuilder Huntington Ingalls will have to defend a worker’s asbestos exposure claims in state court, the Eastern District of Louisiana said.
The case doesn’t belong in federal court because the government didn’t direct or control the company’s asbestos-related safety measures, the court said.
Huntington Ingalls removed the case to federal court under the federal officer removal statute, which grants federal jurisdiction if a federal officer directed the defendant to take action that was the “causal nexus” of the claim.
The plaintiff, Raymond Burkart, alleges he was exposed to asbestos-containing products in the 1960s at Avondale Shipyard in New Orleans, ...
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