Humphries v. Elliott Co.

This case arose when plaintiff filed suit against defendants arising out of his alleged work-related exposure to asbestos and subsequent illness. One of the original defendants was DuPont. Plaintiff subsequently filed an amended petition where he added for the first time claims against Elliott, which contracted with DuPont. On appeal, Elliott challenged the district court's order remanding this action to Louisiana state court and its order denying Elliott's motion for reconsideration. The court held that where a party removes a case to federal court under 28 U.S.C. 1442, a later-served defendant preserves it right to a federal forum under section 1442 by asserting the grounds for same in its answer filed after removal. In this case, Elliott asserted its government contractor defense in the very first pleading it filed, such that it preserved its claim to a federal forum, and the district court erred in holding to the contrary. Therefore, the court vacated and remanded. View "Humphries v. Elliott Co." on Justia Law