Judge Refuses Remand of Failure to Warn Claims Against Turbine Maker, Sends Others to State Court

GALVESTON, Texas - A personal injury claim filed against the maker of an asbestos-containing turbine generator allegedly responsible for causing a Texas man's mesothelioma can stay in federal court after it was removed there under the federal officer's statute, a U.S. District Court judge has ruled. Madden v. Able Supply Company, et al., No. 02-194 (S.D. Texas).

According to a May 28 decision by Judge Samuel B. Kent of the Southern District of Texas, federal officer removal jurisdiction was properly invoked by turbine manufacturer Westinghouse when it removed the claims from the Galveston County District Court.

Westinghouse was named as …