Pa. Federal Court: Asbestos Plaintiffs’ State Law Claims Against Employer are Independent of Collective Bargaining Agreement

PHILADELPHIA –– A Pennsylvania federal court has remanded an asbestos lawsuit, finding that a federal question does not exist since the court does not have to interpret clauses in collective bargaining agreements in order for the plaintiffs to establish the scope of duty.

In the April 15 order, the U.S. District Court for the Eastern District of Pennsylvania explained that while the defendant could point to portions of the CBA in asserting its defense against the claims, there is no dispute over the meaning of terms or provisions cited in the agreements.

“Here,” the court explained, “Plaintiffs’ … claim is …