After Oregon resident Richard Long was diagnosed with malignant pleural mesothelioma, he filed suit against fifty-one defendants whose products he says exposed him to asbestos. Foster Wheeler Energy Corporation removed the case to federal court under the federal officer removal statute, but Long argued the removal was unwarranted, and the U.S. District Court for the District of Oregon agreed. Foster Wheeler then appealed that court’s decision to the Ninth Circuit Court of Appeals, which affirmed the lower court’s decision.
Mesothelioma Victim’s Claim Disclaims Exposures from Navy Vessels
Foster Wheeler removed the mesothelioma claim to federal court because it claimed that the actions that exposed Mr. Long to asbestos were conducted under federal direction. In response, Mr. Long filed a motion to remand, and the district court granted the motion. In response, the company took its argument to the appeals court, hoping for the decision to be overturned and gaining the right to proceed in a friendlier environment.
Before the circuit court, Mr. Long noted that his mesothelioma claim against the company specifically disclaimed any exposures to asbestos dust that occurred while he was working on Navy vessels, Coast Guard ships, or civilian ships commissioned by the military. He asserted that leaving those exposures out of his claim eliminates the application of the federal removal statute, and that the company’s additional argument that they had admiralty jurisdiction over his claims was also wrong.
Federal Officer Statute Not Applicable to Mesothelioma Victim’s Claim
Upon review of the lower court’s decision and the arguments from both the mesothelioma victim and the asbestos company, the circuit court determined that the district court’s decision had been correct — that because Mr. Long had disclaimed, with regard to Foster Wheeler, “causes of action for any exposures of any kind to asbestos dust while [he] was working on Navy vessels,” no causal nexus exists between his claims and the actions the company took in keeping with government directions. The case against Foster Wheeler will remain in the Oregon court system.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
