Maryland Court Remands Asbestos Suit, Says Removing Defendant Failed to Establish Colorable Federal Defense

BALTIMORE –– A Maryland federal court has remanded an asbestos suit, saying that since removing defendant Foster Wheeler had failed to prove that the U.S. Navy exercised discretion over warnings contained on its boilers, remand was proper.

In the April 20 order, the U.S. District Court for the District of Maryland ultimately concluded that the defendant had failed to establish a colorable federal defense.

The underlying lawsuit was filed on behalf of Joseph Morris, who allegedly developed mesothelioma as a result of exposure to asbestos-containing products while working as a riveter heater and boilermaker in the boiler shop of the …