N.Y. Retains Jurisdiction of Asbestos Case, Say Defendants Have Established Colorable Federal Defense

NEW YORK –– A New York federal court has retained jurisdiction over an asbestos action, opining that it, not a state court, was in a better position to determine whether the underlying claims were outside the scope of the defendants’ official duties.

The U.S. District Court for the Southern District of New York denied the asbestos plaintiff’s motion to remand in a Nov. 27 order.

Michael Donohue filed the underlying complaint, contending that his work as a fireman and machinist in the U.S. Navy, and later as a wiper and assistant marine engineer with the New York City Fire Department …