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Media Alerts - Wood v. Crane Company - Fourth Circuit
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October 6, 2014
  Wood v. Crane Company - Fourth Circuit
Headline: Asbestos Defendant Headed Back to State Court - Failed to Raise Timely Basis for Federal Jurisdiction

Area of Law: Civil Procedure

Issue Presented: Whether the district court erred when it allowed the plaintiff to amend his complaint to abandon federal claims related to the defendant's defense and remanded the case to state court.

Brief Summary: Former Coast Guard electrician James Joyner was diagnosed with mesothelioma. After his death, Joyner's estate brought state law claims against Crane Company, and other defendants, for allegedly supplying the U.S. Government with asbestos-filled gaskets and valves. Crane removed the case to federal court based on federal officer jurisdiction. Joyner then amended his complaint. He abandoned the valve claim; and requested a remand to state court for trial on the remaining gasket claim. The district court remanded the case. Crane appealed, asserting that all the claims should have remained in federal court. The United States Court of Appeals for the Fourth Circuit affirmed. The Fourth Circuit concluded that Crane failed to timely assert a new basis for federal jurisdiction over the gasket claim within the 30-day time period allotted by statute.

To read the full opinion, please click here

Panel: Judges Diaz, Wynn, and Duncan.

Argument Date: 03/19/2014

Date of Issued Opinion: 08/15/2014

Docket Number: No. 13-1868

Decided: Affirmed

Case Alert Author: Katherine C. Parris

Counsel: Michael James Ross, K&L GATES LLP, Pittsburgh, Pennsylvania, for Appellant. Jacqueline Gagne Badders, RUCKDESCHEL LAW FIRM, LLC, Ellicott City, Maryland, for Appellee. ON BRIEF: Nicholas P. Vari, Syed D. Ali, K&L GATES LLP, Pittsburgh, Pennsylvania; Neil J. MacDonald, MACDONALD LAW GROUP, LLC, Beltsville, Maryland, for Appellant. Jonathan Ruckdeschel, Z. Stephen Horvat, RUCKDESCHEL LAW FIRM, LLC, Ellicott City, Maryland, for Appellee.

Author of Opinion: Judge Diaz

Case Alert Circuit Supervisor: Professor Renée Hutchins

    Posted By: Renee Hutchins @ 10/06/2014 12:42 PM     4th Circuit  

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