RIPLEY v. FOSTER WHEELER LLC

No. 15-1918.

841 F.3d 207 (2016)

Deborah H. RIPLEY, individually and as Administrator of the Estate of Bernard W. Ripley, deceased, Plaintiff-Appellee, and Bernard W. Ripley, Plaintiff, v. FOSTER WHEELER LLC; Foster Wheeler Energy Corporation, Defendants-Appellants, and J. Henry Holland Corporation; Waco, Incorporated; Metropolitan Life Insurance Company; Union Carbide Corporation; SB Decking, Inc., a/k/a Selby Battersby; Aurora Pump, Co; Imo Industries, Incorporated, as successor in interest to Delaval Pumps; Goulds Pumps, Incorporated; Ingersoll-Rand Company; Warren Pumps, Incorporated; Crane Company; Grinnell Corporation; The J.R. Clarkson Company, individually and as successor by mergers to Kunkle Industries, Inc.; Milwaukee Valve Company; Flowserve US, Inc., individually and as successor in interest to Rockwell Edward Valves and Vogt Valves; Spirax Sarco, Inc.; Armstrong International, Inc., individually and as a successor to Armstrong Machine Works, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: November 1, 2016.


Attorney(s) appearing for the Case

ARGUED: Erik David Nadolink , Wheeler Trigg O'Donnell, LLP, Denver, Colorado, for Appellants. William Harty , Patten, Wornom, Hatten & Diamonstein, L.C., Newport News, Virginia, for Appellee. ON BRIEF: Anthony B. Taddeo, Jr. , David M. Sturm , Matthew D. Joss , TaddeoSturm PLC, Richmond, Virginia, for Appellants. Robert R. Hatten , Hugh B. McCormick, III , Patten, Wornom, Hatten & Diamonstein, L.C., Newport News, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge Thacker wrote the opinion, in which Judge Traxler and Judge Diaz joined.


Facing claims in Virginia state court for failing to warn of asbestos hazards in products manufactured for the Navy, Foster Wheeler LLC and Foster Wheeler Energy Corporation ("Appellants") removed the case pursuant to the federal officer removal statute to the United States District Court for the Eastern District of Virginia...

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