When a mesothelioma victim pursues legal justice against the companies that exposed them to asbestos, they know the battle will be long and hard. Asbestos companies use every possible legal argument to have cases dismissed or heard in industry-friendly courts, and that is what happened to Ethel Tabor, a victim whose exposure to asbestos on her husband’s work clothing is blamed for her illness. Hearing arguments from both sides, the U.S. District Court in Louisiana granted the victim’s family the right to have their case returned to a local court.
Woman Dies of Mesothelioma After Exposure to Husband’s Work Clothes
Ethel Tabor died of malignant mesothelioma in March of 2020. She blamed her illness on take-home asbestos exposure to asbestos brought home by her husband, Herbert Tabor, who worked at the Avondale Shipyards between 1975 and 1982. Her lawsuit originally named the company in August of 2019, and in August of 2021 her family produced supplemental responses to Avondale’s discovery requests. Those responses prompted Avondale to file a petition to remove the claim to federal court.
Avondale argued that it was not until they read responses from the mesothelioma victim that they realized that her claim qualified them for protection under the federal officer removal statute. They had the case removed to federal court, but Mrs. Tabor’s family filed a motion to return the case to the local district court based on the company’s untimely response (there is a 30-day time limit for removal) and for Avondale’s failure to establish federal subject matter regarding her exposure.
Judges Grant Mesothelioma Victim’s Family’s Request
Upon review of the case, the judges of the U.S. District Court of the Eastern District of Louisiana agreed with the mesothelioma victim’s family on both of their arguments. They noted that there’s no question the company had filed its petition to remove the claim far beyond the 30-day limit, and rejected Avondale’s argument that information in the supplementary deposition somehow changed their understanding of the claim. The court also rejected the company’s assertion of federal officer protection, saying that they’d presented no evidence that Mr. Tabor’s exposure had any connection with government contract work. The case will be returned to the family’s preferred venue.
If you or someone you love has been diagnosed with malignant mesothelioma, you need knowledgeable advocates working on your behalf. For more information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
