California Court Denies Motion to Remand in Asbestos Case, Says Colorable Federal Defense Exists

SAN DIEGO –– A California federal court has denied several plaintiffs’ attempts to remand an asbestos action, opining that the defendants had presented enough evidence to establish that a colorable federal defense existed.

In the March 29 decision, the U.S. District Court for the Southern District of California specifically pointed to exhibits and affidavits outlining the Navy’s “comprehensive specifications” with regards to the asbestos-containing products.

The plaintiffs asserted the claims on behalf of Donald Willis, who was allegedly exposed to asbestos while serving in the U.S. Navy. As a result of the exposure, Willis says he developed malignant …