STORY FROM: Asbestos

Court Remands Asbestos Action, Says Defendant ‘Cannot Convert Presumptions Regarding Government Discretion’

NEW ORLEANS –– A Louisiana federal court has remanded an asbestos exposure lawsuit, contending that the evidence cited by the defendant in support of removal is “generalized in nature and wholly speculative” when applied to the instant proceedings.

The U.S. District Court for the Eastern District of Louisiana issued the remand order on Dec. 23.

Howard Zeringue asserted in his lawsuit that he developed mesothelioma as a result of asbestos exposure. The plaintiff said he encountered the asbestos-containing products while serving aboard U.S. Naval vessels.

Crane Co. removed the lawsuit, citing the federal officer removal statute. The defendant ...

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