Del. Magistrate Judge Says Asbestos Case Should Remain in Federal Court Since Crane Co. Established Federal Defense

WILMINGTON, Del. –– A magistrate judge in Delaware has recommended that an asbestos case remain in federal court, concluding that Crane Co. had established a federal defense.

In the Dec. 13 report and recommendation, Magistrate Judge Christopher J. Burke suggested that the U.S. District Court for the District of Delaware deny the plaintiffs’ motion to remand the case since the defendant had established federal officer removal jurisdiction.

Marguerite MacQueen filed the underlying lawsuit on behalf of David MacQueen, who was allegedly exposed to asbestos-containing products while serving in the U.S. Navy as a welder/machinist and, later, as a salesman …