7th Circuit Reverses Order Remanding Asbestos Case, Says Court Erred When Requiring Defendant to Submit Evidence

CHICAGO –– The 7th Circuit U.S. Court of Appeals has reversed a remand order, finding that a District Court erred in concluding that an asbestos defendant was required to submit evidence to support its removal allegations.

Because Boeing’s allegations supporting its § 1442(a) notice of removal are plausible on their face, this case belongs in federal court,” the 7th Circuit said in its Dec. 14 opinion.

The plaintiffs filed the lawsuit in Illinois state court, contending that Bruce Betzner was exposed to asbestos-containing products during the course of his employment assembling aircrafts in Texas, causing him to develop …