Federal MDL Judge Denies Motion to Remand, Cites Colorable Federal Defense

PHILADELPHIA -- The judge presiding over the national Asbestos Products Liability Multi-District Litigation has rejected a plaintiff's efforts to remand her case after determining that the defendants had a colorable federal defense. Hagen, et al. v. Benjamin Foster Co., et al., No. 07-63346 (E.D. Pa.).

In the Sept. 24 opinion, Judge Eduardo C. Robreno of the U.S. District Court for the Eastern District of Pennsylvania said that since the allegedly defective products were made for the government and their manufacture arose out of valid government contracts, the claims belonged in federal court.

Donna L. Hagen, who brought the claims on …