United States Second Circuit

Order of the district court remanding plaintiff's failure-to-warn action to state court after defendant removed the case under the federal officer removal statute is reversed, where defendant has asserted a colorable federal contractor defense despite the absence of evidence that the Navy either affirmatively proscribed or dictated asbestos warnings on defendant's equipment.

Appellate Information

• Decided 11/13/2014
• Published 11/13/2014

Judges

• Lynch

Court

• United States Second Circuit

Counsel