2 Asbestos Case Removals, 2 Very Different Outcomes In Louisiana

(February 11, 2020, 10:14 AM EST) -- NEW ORLEANS — A shipyard’s second attempt at removing an asbestos case is neither untimely nor barred by the previous remand order, a federal judge in Louisiana said Jan. 28 in keeping the case in federal court.  Meanwhile, a different judge in the same court on Dec. 20 held a remand motion in abeyance while the Fifth Circuit U.S. Court of Appeals considers whether negligent workplace safety allegations fall outside the federal officer removal statute (Callen Dempster, et al. v. Lamorak Insurance Co., et al., No. 20-95, E.D. La., 2020 U.S. Dist. LEXIS 14400, Carrie Mae Caballero v. Avondale Industries Inc., et al., No. 19-12356, E.D. La., 2019 U.S. Dist. LEXIS 218990)....