N.Y. Court Denies Remand Efforts for Second Time in Asbestos Case

ALBANY, N.Y. –– A New York federal court has again denied an asbestos plaintiff’s motion to remand his case, finding Crane Co. had already establish a colorable federal defense and that the plaintiff’s informal “abandonment” of U.S. Naval-related claims did not warrant a reversal of a prior order on jurisdiction.

In the Dec. 30 order, the U.S. District Court for the Northern District of New York rejected the plaintiff’s stance that the record was bereft of evidence substantiating asbestos exposure during the plaintiff’s naval service.

The lawsuit was filed by Kenneth Gates Sr., who was allegedly exposed to asbestos-containing products …