SAWYER v. FOSTER WHEELER LLC

No. 16-1530.

860 F.3d 249 (2017)

Janya SAWYER, representative of the Estate of Joseph W. Morris; Garnette Morris, individually and as surviving spouse of Joseph W. Morris; Nancy Pike, surviving child of Joseph W. Morris; Edward Morris, surviving child of Joseph W. Morris; Wayne Morris, surviving child of Joseph W. Morris; Joanne Traynor, surviving child of Joseph W. Morris, Plaintiffs-Appellees, v. FOSTER WHEELER LLC, Defendant-Appellant, and Union Carbide Corporation; John Crane-Houdaille, Inc., f/k/a Crane Packing Company; Owens-Illinois Glass Co., f/k/a Owens-Illinois, Inc.; Foster Wheeler Corporation; Hopeman Brothers, Inc.; Universal Refractories Company; Selby, Battersby & Company; CBS Corporation, a Delaware corporation, f/k/a Viacom, Inc., f/k/a CBS Corporation, a Pennsylvania Corp., f/k/a Westinghouse Electric Corp.; J.H. France Refractories Co.; the Goodyear Tire & Rubber Co.; MCIC, Inc., and its remaining Director of Trustees, Robert I. McCormick, Elizabeth McCormick and Patricia Shunk; Metropolitan Life Insurance Co.; General Electric Company; Bayer Cropscience, Inc., individually and as successor in Interest to Benjamin Foster Co., Amchem Products, Inc., H.B. Fuller Co., Aventis CropScience USA, Inc., Rhone-Poulenc AG Company, Inc., Rhone-Poulenc, Inc., Rhodia Inc.; International Paper Company, individually and as successor in Interest to Champion International Corporation, U.S. Plywood Corp.; Cooper Industries, Inc., individually and as successors in Interest to Crouse-Hinds Co.; Ferro Engineering, Division of On Marine Services Company; Foseco, Inc.; Wayne Manufacturing Corporation; Lofton Corporation, as Successor-in-Interest to Wayne Manufacturing Corporation, Hopeman Manufacturing Corporation; Schneider Electric USA, Inc., f/k/a Square D Company; Greene, Tweed & Co., individually and as successor in Interest to Palmetto, Inc.; Wallace & Gale Asbestos Settlement Trust, successor to the Wallace & Gale Company; Crown, Cork & Seal Co., Inc.; Georgia-Pacific, LLC, Ind/Successor to BestWall Gypsum Co.; Koppers Company, Inc.; Pfizer, Inc.; Phelps Packing & Rubber Co., Phelps Industrial; Paramount Packing & Rubber, Inc.; Lloyd E. Mitchell, Inc.; Pecora Corporation, individually and as successor in Interest to Pecora, Inc., New Pecora Corp., Defendants, v. General Refractories Co.; A.W. Chesterton Company; Manville Trust Personal Injury Settlement Trust; SB Decking, Inc., f/k/a Selby, Battersby & Co., Inc.; Uniroyal, Inc., Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: June 22, 2017.


Attorney(s) appearing for the Case

ARGUED: Erik David Nadolink , WHEELER TRIGG O'DONNELL, LLP, Denver, Colorado, for Appellant. Jeffrey John Utermohle , LAW OFFICES OF PETER G. ANGELOS, P.C., Baltimore, Maryland, for Appellees. ON BRIEF: Patrick C. Smith , John C. Ruff , DEHAY & ELLISTON, LLP, Baltimore, Maryland, for Appellant. William G. Minkin , Demetrios A. Karas , LAW OFFICES OF PETER G. ANGELOS, P.C., Baltimore, Maryland, for Appellees.

Reversed and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge King and Judge Duncan joined.


In this appeal, we are presented with the single issue of whether a government contractor was entitled to remove a state tort action to federal court under 28 U.S.C. § 1442(a)(1) based on the contractor's assertion that it had a colorable federal defense of government-contractor immunity.

Joseph Morris worked...

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