Fla. Federal Court Remands Asbestos Case, Says Defendant Can’t Raise Colorable Federal Defense Against Claims that Don’t Exist

MIAMI –– A Florida federal court has remanded an asbestos exposure suit, finding that the removing defendant could not raise a colorable federal defense against claims that simply do not exist.

In the May 6 order, the U.S. District Court for the Southern District of Florida found that since the plaintiff had expressly disclaimed any claims relating to his service in the U.S. Navy, federal jurisdiction was not appropriate.

Plaintiff Richard Batchelor asserted the asbestos-related claims, contending that he was exposed to asbestos fibers that were released while he was working on a number of Florida Power & Light Co. …