Magistrate Judge Recommends Denial of Motion to Remand in Asbestos Case

WILMINGTON, Del. –– A magistrate judge has recommended that a plaintiff’s motion to remand an asbestos case be denied, opining that the defendants had established federal officer removal jurisdiction.

In the Feb. 5 report and recommendation, Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware wrote that the defendants had established that the U.S. Navy had approved specifications and exercised a certain amount of control over the design and manufacture of the products.

The plaintiffs asserted in their lawsuit that Charles Tallman was exposed to asbestos-containing products in a variety of ways, including while …