Boeing Acted As Federal Agent In Asbestos Suit: 3rd Circ.

By Chuck Stanley (November 22, 2016, 7:26 PM EST) -- A failure-to-warn suit against the Boeing Co. over asbestos exposure can be removed to federal court because the exposure resulted from a predecessor company's execution of a federal contract, the Third Circuit ruled Tuesday in a precedential decision.

The Federal Officer Removal Statute allows Boeing to remove Steven Papp's New Jersey failure-to-warn case over "take home" asbestos exposure his late wife suffered as a result of her husband's maintenance work for Douglass Aircraft Co. on World War II-era airplanes, because the work was performed for and supervised by the U.S. government, a three-judge panel ruled. The decision reverses a district court...

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