Pa. Federal Court Remands Asbestos Action Asserted Against US Airways, Says Claims Don’t ‘Arise In’ Bankruptcy

HARRISBURG, Pa. –– A Pennsylvania federal court has remanded an asbestos action, finding that the plaintiff’s claims against his former employer, US Airways, do not “arise in” bankruptcy.

In the March 31 order, the U.S. District Court for the Western District of Pennsylvania explained that claims that do arise in bankruptcy “only arise in the context of a bankruptcy case.”

“Plaintiffs’ claims exist wholly independently from US Airways’ bankruptcy because they are based upon alleged negligence and other state-law matters,” the court said. “The mere existence US Airways’ prior and completed bankruptcy proceeding does not convert Plaintiffs’ claims into those …