For purposes of this article, the mesothelioma widow, in this case, will be referred to as E.M. and her late husband as R.M. In a recent legal development, a widow convinced a federal judge to return her lawsuit to local courts, defeating the defendant’s attempt to shift the case to federal jurisdiction. E.M. faced a heartbreaking loss when her husband, R.M., died from mesothelioma. After her loss, she filed a lawsuit against several companies she blames for her husband’s death. However, one defendant, Foster Wheeler (F.W.), tried to shift the case to federal court using the federal officer removal statute. E.M.

Even though mesothelioma and lung cancer are both deadly cancers, they are different diseases. Mesothelioma is a type of cancer that develops in the lining around the lungs and chest when a person inhales asbestos fibers. Asbestos, which is the only known cause of cancerous mesothelioma, is a naturally occurring mineral. The mineral was used as a building material before people became aware of its hazardous properties. Asbestos leads to mesothelioma because it causes changes at a cellular level. This toxic substance triggers inflammation, scarring, and damage that can cause cancer.