Navy Ship Asbestos Exposure Claims Stay in State Court

Asbestos exposure claims of three merchant mariners against the operators of Navy-owned vessels will be tried in Louisiana state court after the Fifth Circuit Oct. 19 found insufficient evidence of government oversight to move the claims to federal court (Bartel v. Alcoa Steamship Co., 2015 BL 343312, 5th Cir., 15-30004, 10/19/15).

Mere government ownership of the vessels was insufficient to establish federal jurisdiction under the Federal Officer Removal Statute, 28 U.S.C. §1442(a)(1), the U.S. Court of Appeals for the Fifth Circuit said.

The operators failed to show they were acting under direction of the federal government ...