Calif. Judge Remands Asbestosis Case After Plaintiff Waives Navy Exposure Claims

SAN FRANCISCO - A judge in California has ruled that an asbestos plaintiff's waiver of claims arising from exposure at government sites or aboard a Naval vessel deprives a removing defendant of its basis for asserting federal jurisdiction over the case. Pratt v. Asbestos Corp. LTD, et al., No. 11-3503 (N.D. Calif.).

In granting the plaintiffs' motion to remand the case to San Francisco Superior Court, Judge Edward M. Chen of the U.S. District Court for the Northern District of California said Sept. 22 that the waiver of specified exposure claims against Foster Wheeler Corp. was sufficient to defeat removal.