United States Ninth Circuit

The district court properly denied plaintiffs' motion to remand their asbestos actions back to state court that were removed to federal court by defendant, where: 1) defendant's affidavits establish that it has a colorable government contractor defense; 2) defendant proved by a preponderance of the evidence that a causal nexus existed between plaintiffs' claims and actions defendant took at the direction of a federal officer; and thus, 3) removal under the federal officer removal statute was proper.

Appellate Information

• Decided 04/25/2014
• Published 04/25/2014

Judges

• WATFORD

Court

• United States Ninth Circuit

Counsel