No. 13-1868.

764 F.3d 316 (2014)

Kathleen R. WOOD, Personal Representative for the Estate of James E. Joyner, Plaintiff-Appellee, v. CRANE CO., individually and as successor to National-U.S. Radiator, is a Delaware Corporation with its principal place of business in Connecticut, Defendant-Appellant, and A.C. & R Insulation Co., Inc.; Allen-Bradley Company, Inc.; Allis-Chalmers Energy, Inc.; Air & Liquid Systems Corporation, Successor by Merger to Buffalo Pumps, Inc.; A.O. Smith Corporation; Armstrong International, Inc.; Aqua-Chem, Inc., d/b/a Clever-Brooks Division; Aurora Pump, Co; A.W. Chesterton, Inc.; BW/IP, Inc., and its wholly owned subsidiaries as successor-in-interest to BW/IP; Carrier Corp.; CBS Corporation, f/k/a Viacom, Inc., as successor to Westinghouse Electric Corp.; Certaineed Corporation; Cleaver-Brooks Company; Columbia Boiler Company; Crown Cork & Seal Company, Inc.; Eaton Electrical, Inc., f/k/a Cutler Hammer, Inc.; Elliott Company I, f/k/a Elliott Turbomachinery Co. Inc.; FMC corporation, individually, on behalf of its Former Construction Equipment Group & Former Peerless Pump Division; Foster-Wheeler LLC; Foster Wheeler Energy Corporation, f/k/a Foster Wheeler Corporation; Gardner Denver, Inc.; Gardner Denver Nash, LLC, a/k/a Gardner Denver, Inc., f/k/a Nash Elmo Industries, LLC; General Electric Company; Georgia-Pacific, LLC; The Goodyear Tire & Rubber Company, individually and as successor-in-interest to Durabla Manufacturing; Goulds Pumps, Inc., a subsidiary of ITT Industries, Inc.; The Griscom-Russell Company, f/k/a The Dial Corporation, a Delaware Corporation; H.B. Fuller Company, Successor/or parent of Benjamin Foster Division of Amchem Products, Inc.; H.B. Smith Company, Inc., a/k/a Smith Cast Iron Boilers; Honeywell International, Inc.; Hopeman Brothers, Inc.; IMO Industries, Incorporated, individually and on behalf of and successor to DeLaval; DeLaval Stream Turbine Co., IMO DeLaval and Warren Pump Co.; Ingersoll-Rand Company; International Paper Company, Inc.; John Crane, Inc.; Kaiser Gypsum Company, Inc.; McNally Industries, Inc., individually and as successor-in-interest to Northern Pump Company and Northern Fire Apparatus Company; MCIC, Inc., f/k/a McCormick Asbestos Co.; Metropolitan Life Insurance Co.; National Service Industries, Inc., f/k/a North Brothers, Inc.; Owens-Illinois, Inc.; Rapid-American Corporation; Riley Power, Inc., f/k/a Babcock Borsig, Inc., f/k/a Riley Stoker Corporation; SB Decking, Inc., f/k/a Selby, Battersby & Company; Sealing Equipment Products Co. Inc.; Siemans Demag DeLaval Turbomachinery, Inc., f/k/a Demag DeLaval Turbomachinery, Inc.; Schneider Electric USA, Inc., f/k/a Square D Company; Union Carbide Corporation; Uniroyal, Incorporated; Valen Valve Corporation; Wallace & Gale Asbestos Settlement Trust; The Walter E. Campbell Company, Inc.; Warren Pumps, LLC, f/k/a Warren Pumps, Incorporated; Weil Pump Company Inc.; Weil-McLain, Inc.; Yarway Corporation; Rockwell Automation, Inc., successor-in-interest to Allen-Bradley Co., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 15, 2014.

Attorney(s) appearing for the Case

ARGUED: 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.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge WYNN joined. Judge DUNCAN concurred in the judgment only.

DIAZ, Circuit Judge:

Crane Company, one of many defendants in this asbestos litigation, removed this case to federal court, asserting a federal defense to plaintiff James Joyner's1 state tort claims. When Joyner amended his complaint, eliminating the claims underlying that federal defense, the district court remanded to state court. Crane now complains that it should have been given the opportunity to assert a new basis for federal jurisdiction...

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