Following Settlement Between Federal Defendant and Mesothelioma Plaintiff, Judge Returns Wrongful Death Claim to State Court
Monique Mohammed’s father, Alvin Fiffie, died of malignant mesothelioma following years of having worked around and with asbestos. She filed a wrongful death claim against those she held responsible for his death, and her case was successfully removed to federal court by Avondale Shipyards. When Ms. Mohammed settled with Avondale, only state-level defendants remained and she asked for the case to be returned to Louisiana’s state courts. Though one defendant objected, a judge agreed with the victim’s daughter.
Avondale Shipyard Named in Mesothelioma Claim
Like many Louisiana residents diagnosed with malignant mesothelioma, Alvin Fiffie had worked at the Avondale Shipyards, where he was exposed to asbestos. Because much of the work that Avondale performed was done on behalf of the U.S. government, it frequently removes cases that it has been named in to federal court.
When the shipyard and Ms. Mohammed agreed to a settlement of her mesothelioma claim, she requested that the case be returned to state court. Though none of the other Louisiana-based defendants asserted any objections to this request, IMTT-Geismar did, forcing Ms. Mohammed to seek relief from the courts.
Mesothelioma Victim’s Daughter Requests Intervention from Court in Remanding Case to State Jurisdiction
On hearing the facts of the mesothelioma claim, District Judge Sarah S. Vance pointed out that the state court retained jurisdiction of all non-federal claims, and that since the laws and facts in the remaining cases were state based, it made more sense for the lawsuit to be remanded to the state court, which was more familiar with the applicable laws. She also that the company had not provided any legitimate reason against the state court’s ability to resolve the case fairly. Ms. Mohammed’s lawsuit will be heard in the state court as she requested.
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