Ill. Court Remand Asbestos Action, Says Removal was Untimely Since Defendant ‘Always Knew’ it Had Colorable Federal Defense

EAST ST. LOUIS, Ill. –– An Illinois federal court has remanded an asbestos action, finding that the removing defendant should have known about the availability of removal since all of its products were designed and manufactured at the U.S. Navy’s direction.

In the Nov. 21 opinion, the U.S. District Court for the Southern District of Illinois remanded the asbestos case, concluding that the removal was untimely since the defendant “always knew that it had a colorable federal defense to Plaintiffs’ claims.”

The plaintiffs contend that Charles Heath was injured after being exposed to asbestos-containing products. The plaintiffs filed the lawsuit …