5th Circuit Vacates Remand Order, Asks Federal Court to Weigh in on Colorable Federal Defenses

NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has vacated a remand order issued in an asbestos case, finding that while only the survival claims alleging strict liability satisfy requirements of federal officer removal, a determination on defenses existing under federal law is still needed from the U.S. District Court for the Eastern District of Louisiana.

In the March 22 opinion, the 5th Circuit in part opined that strict liability claims rest on the use of asbestos and “that use at the shipyard was pursuant to government directions via contract specifications.”

Plaintiff Joseph Savoie worked at the Avondale …