After Elaine Monlux lost her husband Richard to malignant mesothelioma, she decided to seek justice against the companies responsible for exposing him to asbestos. Her claim named several defendants whose asbestos-containing products were in the shipyards where he’d worked, and one attempted to remove her claim to federal courts under the federal officer removal statute, but the widow successfully defeated that action, arguing that her claim had not indicated that her husband had worked on a Navy vessel.
Foster Wheeler Argues that Mesothelioma Claim Belongs in Federal Court
Mr. Monlux died in August 2023, and Mrs. Monlux initiated her mesothelioma claim the following November. Her claim contends that he was exposed to asbestos at three locations in Washington: Lockheed Shipbuilding Company, Hanford Nuclear Facility, and Longview Fibre Paper Mill. In response to her claim, defendant Foster Wheeler asked her to name his previous employers and worksites. Her response did not include any ships he’d worked on or whether he’d worked aboard vessels or on land, and her later request for information from the company asked them to produce information on all of their work at the Lockheed site in question.
Based on this and subsequent dialogue, Foster Wheeler removed the mesothelioma case to federal court, asserting a government contractor defense. The widow filed a motion to remand, noting that she had not indicated any Naval ships or any other connection between her husband’s work and the government and that the removal had been inappropriate.
Washington State Federal Court Judge Returns Mesothelioma Claim to Local Courts
In reviewing the arguments from both sides, U.S. District Judge Lauren King of the Western District of Washington at Seattle agreed with the assertion from the mesothelioma widow. She noted that Foster Wheeler did not assert that Mr. Monlux had worked on a military vessel or that its asbestos-containing materials at the Lockheed site were only on Navy ships. She said that the company’s reliance on Mrs. Monlux’s attorney’s refusal to affirmatively disclaim exposure to asbestos from equipment manufactured by Foster Wheeler aboard government and/or Navy vessels was an inappropriate legal conclusion.
Concluding that the company had not met its burden of showing that removal was appropriate for the mesothelioma claim, the judge granted the widow’s motion to remand the case to the Superior Court for King County in the State of Washington.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
