Ill. Court Remands Asbestos Action, Says Plaintiff Specifically Disclaimed Recovery

EAST ST. LOUIS, Ill. –– An Illinois federal court has remanded an asbestos action, finding that the plaintiff had specifically disclaimed recovery for injuries arising out of the direction of a federal officer.

In the Nov. 23 order, the U.S. District Court for the Southern District of Illinois wrote that to allow removal would effectively allow the defendant to assert defenses against claims that don’t exist.

Plaintiff Thomas Kelleher filed the underlying suit in the Third Judicial Circuit for Madison County Court, alleging that while employed as an aircraft mechanic, helicopter mechanic and laborer, he came into contact with asbestos-containing …