Mesothelioma Widow Manages to Return Foster Wheeler Lawsuit to Local Courts

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. successfully argued that her case was not connected to Navy vessels, convincing the court to let her case remain in local courts.

Mrs. E.M.’s husband, Mr. R.M., died in August 2023 from mesothelioma. Mesothelioma is a form of cancer caused by asbestos exposure. Asbestos is a harmful mineral that was once widely used in construction, shipbuilding, and manufacturing. This rare and aggressive illness affects the mesothelium, the protective layer surrounding most internal organs. Mrs. E.M. filed a mesothelioma claim against the companies she blames for her husband’s death in November of the same year. In her lawsuit, she indicated three locations where her husband was exposed to asbestos, one of them being Lockheed Shipbuilding Company. One of the defendants responded by asking Mrs. E.M. to share details about her husband’s employment history and worksites. E.M.’s responses did not mention any ships her husband had worked on or if he had worked on vessels or land. Later, she requested details about the company’s work at the Lockheed site.

Using this information and based on the ensuing discussion, the defendant attempted to transfer the case to federal jurisdiction, claiming a government contractor defense. Mrs. E.M. countered by filing a motion to return the case to state court. She argued that her lawsuit did not indicate any link between her late husband’s work and Navy shops or government operations.

After listening to the claimant and defendant, the judge presiding over the case sided with the mesothelioma widow, stating the defendant had failed to demonstrate a valid reason to move the case to federal court. The judge pointed out that F.W. had not shown that Mr. R.M. had worked on a military vessel or that their asbestos-contaminated products were only used on Navy ships. The judge also criticized F.W.’s dependence on Mrs. E.M.’s attorney’s refusal to explicitly disclaim asbestos exposure from equipment made by the company on government and/or Navy vessels. The judge ruled that that was not a sufficient legal basis for transferring the case to federal court.

Ultimately, the judge concluded that Foster Wheeler had failed to meet the burden of proof required to transfer the case to federal court. The judge granted Mrs. E.M.’s request to return the case to the local court.

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