N.Y. Court Denies Motion to Remand Asbestos Suit, Efforts to Throw Out Government Contractor Defense

ALBANY, N.Y. –– Efforts to remand an asbestos case have been denied by a New York federal court, which opined that the removing defendants had sufficiently proven that they had a “colorable” federal defense.

In the May 30 opinion, the U.S. District Court for the Northern District of New York also declined to award the plaintiffs summary judgment on the defendants’ government contractor defense, saying the motion was premature since discovery is still ongoing.

The plaintiffs contend that Osterhout was exposed to asbestos-containing products while serving in the U.S. Navy on board the USS Charles H. Roan. As a result …