N.Y. Court Denies Motion to Remand Asbestos Suit, Finds Crane Co. Asserted Colorable Federal Defense



DOCUMENTS
  • Opinion


NEW YORK –– A New York federal court has retained jurisdiction over an asbestos exposure suit, rejecting the plaintiffs’ arguments that the removal petition was untimely and that Crane Co. had not raised a colorable federal defense.

In the Aug. 15 decision, the U.S. District Court for the Southern District of New York wrote that Crane Co.’s assertion of the federal contractor defense was “neither frivolous nor advanced solely for the purpose for obtaining federal jurisdiction.”

The plaintiffs contended that Robert J. Crosby developed lung cancer as a result of exposure to asbestos-containing products he encountered while serving in the …






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