Ill. Federal Court Retains Jurisdiction over Asbestos Case, Says Defendant Asserted Colorable Defense

EAST ST. LOUIS, Ill. –– An Illinois federal court has retained jurisdiction over an asbestos case, ruling that since the defendant had asserted a colorable defense as to the use-of-asbestos claim, the entire case was removable.

In the April 14 order, the U.S. District Court for the Southern District of Illinois noted that the plaintiffs had not challenged whether the defendant raised a colorable defense as to the use-of-asbestos claim and instead had argued that there was no colorable defense available as to the failure-to-warn claim.

“If [the defendant] has a colorable defense as to either claim, the entire case …