Ill. Federal Court Retains Jurisdiction Over Asbestos Claims, Differentiates Between Proving Federal Defense and Raising Colorable Federal Defense

EAST ST. LOUIS, Ill. –– An Illinois federal court has denied an asbestos plaintiff’s efforts to remand his lawsuit, concluding that defendant Crane Co. does need to ultimately prevail on its federal defense in order to remove the case.

Instead, the U.S. District Court for the Southern District of Illinois ruled in its April 11 opinion, Crane Co. only had to present a colorable federal defense to justify removal, which, the court concluded, it had done in the instant proceedings.

Plaintiff Ralph Lewis Fulwider filed the lawsuit, contending that he had been injured as a result of asbestos exposure. …