N.Y. Court Retains Jurisdiction of U.S. Naval Asbestos-Exposure Case, Says Defendants Raised Colorable Federal Defense

ALBANY, N.Y. –– A New York federal court has retained jurisdiction over a U.S. Naval asbestos exposure case, finding that the removing defendants had raised a colorable federal defense.

In the May 30 decision, the U.S. District Court for the Northern District of New York additionally denied the plaintiffs’ efforts to obtain summary judgment on the defendants’ government contractor defense, saying it was too early in the proceedings to consider such a motion.

The plaintiffs asserted the claims on behalf of Robert Osterhout, contending that his service in the U.S. Navy exposed him to asbestos fibers and dust. Osterhout developed …