STORY FROM: Asbestos
Calif. Court Remands Asbestos Action, Says Plaintiffs’ Waiver of Federal Claims is Enough to Destroy Federal Jurisdiction
February 15, 2016
SAN FRANCISCO –– A California federal court has remanded an asbestos action, explaining that the plaintiffs had specifically waived any claims relating to the plaintiff’s service aboard a U.S. naval ship.
In the Feb. 12 order, the U.S. District Court for the Northern District of California said that the disclaimer was sufficient to “eviscerate” Foster Wheeler’s grounds for removal.
The plaintiffs alleged in their lawsuit –– filed in the California Superior Court for Alameda County –– that Charles Ford was injured after having been exposed to asbestos.
Foster Wheeler removed the complaint, contending that Ford testified during his deposition that ...