Del. Magistrate Judge Denies Motion to Remand in Asbestos Suit Asserting Multiple Exposures

WILMINGTON, Del. –– A Delaware magistrate judge has recommended denying a motion to remand in an asbestos suit, saying that the defendant’s removal was not untimely since it was not aware that federal jurisdiction was available until the plaintiff’s deposition.

In the Feb. 20 report and recommendation, U.S. Magistrate Judge Christopher J. Burke of the U.S. District Court for the District of Delaware additionally found that defendant Lockheed Martin didn’t give up the chance to remove the complaint later when it asserted the government contractor defense in its answer.

Plaintiffs Stephen and Ann Bond asserted the claims, contending that Stephen …