Judge Rules Government Didn't Require Engines to Contain Asbestos

SAN FRANCISCO -- A federal judge has remanded an asbestos personal injury lawsuit, finding a lack of subject matter jurisdiction because the removing defendant did not sufficiently prove the U.S. Government forced the defendant to incorporate asbestos into the allegedly defective product. Patten, et al. v. Asbestos Defendants, No. 05-1534 (N.D. Calif.).

In a June 22 order, the U.S. District Court for the Northern District of California stated that United Technologies Corporation was not required to use asbestos in engines it supplied to the United States.

'Rather, the declarations offered by UTC show only that UTC submitted to the …