La. Court Remands Asbestos Action, Says Avondale Failed to Establish Colorable Federal Defense

NEW ORLEANS – A Louisiana federal court has remanded an asbestos action, finding that the removing defendant has failed to establish that it has a federal defense against the plaintiff’s state law negligence claims.

In the June 19 order, the U.S. District Court for the Eastern District of Louisiana additionally held that the removal was not time-barred since the 5th Circuit U.S. Court of Appeals has not defined what “other paper” means in terms of removal.

The plaintiffs asserted the claims on behalf of Ruth E. Blouin, who allegedly developed mesothelioma as a result of exposure to asbestos fibers she …