STORY FROM: Asbestos
Calif. Court Remands Asbestos Case, Says Removing Defendant Failed to Prove U.S. Navy Limited Ability to Warn
October 3, 2018
LOS ANGELES –– A California federal court has remanded an asbestos action, concluding that there was “no factual basis” to support the removing defendant’s stance that it was bound by U.S. Navy specifications and standards “even if such specifications and standards proved to be inadequate.”
In the Sept. 19 order, the U.S. District Court for the Central District of California also found that the removing defendant had failed to prove that it had asserted a “colorable defense,” citing a lack of evidence that U.S. Government specifications “placed limits on [the defendant’s] ability to implement precautions to protect and warn against ...