Ala. Judge Rejects Navy Plaintiff's Disclaimer, Upholds Federal Officer Removal

SELMA, Ala. - A federal judge in Alabama has ruled that a formal Naval worker's asbestos-related lawsuit was properly removed under the federal officer removal statute, despite the plaintiffs' effort to disclaim that any of the allegations in his complaint were based on federal law. Kite v. Bill Vann Company Inc., et al., No. 11-0444 (S.D. Ala.).

Judge William H. Steele of the U.S. District Court for the Southern District of Alabama ruled Sept. 29 that CBS Corp.'s removal based on its government contractor defense was adequate in light of plaintiff Cleveland Kite's initial refusal to abandon claims arising from …