La. Court Remands Asbestos Case, Awaits Decision from 5th Circuit on Causal Nexus Test

NEW ORLEANS –– A Louisiana federal court has remanded an asbestos case, saying that the removing defendant cannot rely on the Federal Removal Office statute for removal, but cautioning that the precedent may change when the 5th Circuit U.S. Court of Appeals rehears a case involving the court’s application of a pre-2011 causal nexus test.

In the Jan. 10 order, the U.S. District Court for the Eastern District of Louisiana explained that a 2011 amendment to the Federal Office Removal Statute broadened the basis for removal to actions ‘for or relating to’ a federal act, but the 5th Circuit continued …