West Virginia Federal Court Remands Asbestos Action, Says Federal Defense Asserted Against Claims that ‘Do Not Exist’

CHARLESTON, W.Va. –– A West Virginia federal court has remanded an asbestos case, concluding that the removing defendant had asserted a federal defense to claims that “simply do not exist.”

In the April 29 order, the U.S. District Court for the Southern District of West Virginia wrote that since the plaintiffs had disclaimed any claims relating to the plaintiff’s military service, General Electric had no grounds for removal.

The plaintiffs brought the claims on behalf of Roy A. Siders, contending that he developed mesothelioma as a result of exposure to asbestos-containing products. In the lawsuit, the plaintiff noted that he …