Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim in this case will be referred to as R.M.
Mesothelioma lawsuits often involve complex and contentious legal battles as asbestos companies employ aggressive strategies to avoid liability. One common tactic these companies use is moving cases to federal courts, which are often more favorable to businesses, offering immunity and saving them money. At the same time, mesothelioma victims or their survivors continue to suffer. However, these attempts do not always succeed. In a recent case, R.M., a former shipyard worker, successfully fought to have his mesothelioma lawsuit remanded to a local court after the defendant, Hopeman Brothers, tried to transfer the case to federal court.
R.M.’s illness began from his work at the Key Highway Shipyard between 1973 and 1974. During this time, he was exposed to asbestos dust released from Micarta paneling used in ship construction. According to his lawsuit, Hopeman Brothers’ workers cut, handled, and installed the asbestos-containing panels while working on various vessels, including tankers, passenger ships, and the Coast Guard’s Westwind.
When R.M. filed his lawsuit, Hopeman Brothers argued that the federal officer removal statute allowed the case to be heard in federal court. They claimed their work on the Coast Guard ship followed federal directives, which justified the transfer.
In response, R.M. contested the transfer by highlighting a critical requirement for federal officer removal: the existence of a direct causal link between the company’s actions and federal oversight. He argued that Hopeman Brothers did not meet this standard, particularly regarding the use of asbestos-containing materials on the Coast Guard ship.
After reviewing the evidence, the U.S. District Court for the District of Maryland sided with R.M. The court determined that Hopeman Brothers failed to demonstrate a clear connection between their actions and the federal government’s involvement. The judges noted that the company did not prove that the Coast Guard specifically told the company to use asbestos-containing products during the ship’s construction. Additionally, the court found that the defendant didn’t show enough evidence to prove that R.M. got sick, specifically from working on the Coast Guard ship, instead of any of the other ships at the shipyard.
Because of this, Hopeman Brothers could not meet the burden of proof required for federal officer removal. And the court agreed to send the case back to R.M.’s local court, where it will be heard. This ruling is a significant victory for the mesothelioma victim and his family, especially because local courts often provide a more balanced playing field for plaintiffs in asbestos-related cases, ensuring a fairer chance of holding negligent companies accountable.
This case is a reminder of the challenges mesothelioma victims face when pursuing justice. Although companies linked to asbestos exposure may use legal tactics to shift accountability, this case demonstrates that these tactics are not always successful when victims and their attorneys present compelling arguments and evidence.
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