5th Circuit Reverses Remand Order in Asbestos Case; Says Later-Served Defendant Preserved Right to Federal Forum

NEW ORLEANS –– The U.S. Court of Appeals for the 5th Circuit has reversed a remand order in an asbestos case, opining that when a party removes a case to federal court, a later-served defendant preserves its right to a federal forum if it asserts the same federal defense as that in its answer.

In the July 23 opinion, the 5th Circuit found in favor of defendant Elliott Co., saying that since the defendant asserted the government contractor defense in its answer, it preserved its right to a federal forum.

John Humphries filed the claims, alleging that he was …