STORY FROM: Asbestos
5th Circuit Reverses Order Remanding Asbestos Case; Says Crane Co. Was Wrongfully Asked to ‘Win Its Case Before Removal’
January 24, 2017
NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has reversed an order remanding an asbestos case, saying that the District Court erred when it required the removing defendant to establish too high a level of specificity supporting its colorable federal defense.
In the Jan. 20 opinion, the appellate court said that it could not require Crane Co. to win its case before it could remove the lawsuit, especially when the petition itself does not name specific products to which the plaintiff alleges exposure.
Plaintiff Howard Zeringue contended in his complaint that he was exposed to asbestos-containing products while ...