N.Y. Court Refuses to Remand Asbestos Plaintiff’s Lung Cancer Claims in Naval Exposure Case

BROOKLYN, N.Y. –– A New York federal court has denied a motion to remand by an asbestos plaintiff asserting lung cancer claims, finding that the defendants had presented enough evidence to support their federal officer removal.

In the Jan. 6 memorandum and order, the U.S. District Court for the Eastern District of New York found that while the plaintiff’s challenges to affidavits filed in support of removal may have merit later, applying that evidentiary standard for remand purposes would be improper.

Plaintiff Laura Gordon asserted the claims on behalf of her father, James Gordon, who allegedly developed lung cancer …