Del. Federal Court Adopts Recommendation Granting Asbestos Plaintiffs’ Motion to Remand

WILMINGTON, Del. –– A Delaware federal court has adopted a recommendation that a former pipefitter’s motion to remand his asbestos complaint should be granted, opining that nothing from the complaint, or the plaintiff’s recent deposition, indicate that the work in question was directed by a federal officer.

In the Dec. 12 memorandum and order, the U.S. District Court for the District of Delaware found that the removing defendants had failed to satisfy the procedural requirements of the federal officer removal statute.

The plaintiffs contend that Patterson G. Mims was exposed to asbestos while working as a pipefitter in the Charleston …