9th Circuit: Asbestos Defendant Didn’t Have to Prove Government Contractor Defense when Removing Lawsuit

SAN FRANCISCO –– The U.S. Court of Appeals for the 9th Circuit has affirmed that asbestos claims should remain in a Hawaii federal court, opining that the removing defendant did not have to prove its government contractor defense at this stage in the pleadings.

In the April 25 opinion, the 9th Circuit said that all Crane Co. had to do at the current stage was prove by a preponderance of the evidence that its government contractor defense is “colorable.”

Douglas and Mary Leite filed their claims in September 2011, contending that Douglas had been exposed to asbestos. A separate complaint …