March 19th, 2018

​US Court of Appeals for the Fifth Circuit Opinions
Legendre v. Huntington Ingalls, Inc.

Docket: 17-30371
Opinion Date: March 16, 2018
Judge: Stephen Andrew Higginson
Areas of Law: Civil Procedure, Personal Injury

Plaintiffs filed suit against Avondale and others in state court, alleging that defendants exposed their sister, Mary Jane Wilde, to asbestos and caused her to die of mesothelioma. The Fifth Circuit affirmed the district court's decision to remand the case back to state court after removal to federal court under 28 U.S.C. 1442. The court held that, under controlling precedent, Avondale must show a causal connection between the federal officer’s direction and the conduct challenged by plaintiffs. Because Avondale has failed to make this showing of a causal nexus, the district court properly remanded the case back to state court.