Louisiana Federal Court Retains Jurisdiction of Asbestos Claims Against Avondale

NEW ORLEANS –– A Louisiana federal court has refused to remand an asbestos personal injury action against Avondale, concluding that the defendant had asserted a colorable federal defense “at this jurisdictional stage.”

“…[T]he Court finds that Avondale has satisfied the four-part test for federal officer removal,” the U.S. District Court for the Eastern District of Louisiana concluded in its July 8 opinion. “Namely, Avondale is a person within the meaning of the statute, Avondale acted pursuant to a federal officer’s directions, the charged conduct was connected or associated with the act, and Avondale has a colorable federal defense to Plaintiffs’ …