Del. Magistrate Judge Recommends that Asbestos Exposure Suit be Remanded to State Court

WILMINGTON, Del. –– A Delaware magistrate judge has recommended that an asbestos exposure suit be remanded to state court, concluding that there was no causal connection between “the claims and the conduct performed under color of a federal office.”

In a June 10 report and recommendation, Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware found that the evidence indicated that the U.S. Navy did not approve any asbestos-containing product manufactured by the removing defendant.

The plaintiffs asserted the claims on behalf of Donnie Lacey Wines, alleging that he developed mesothelioma as a result …