Boeing Co. To Face an Asbestos Suit In Federal Court

Boeing Co. To Face an Asbestos Suit In Federal Court

Introduction

In a December 14 ruling, 7th Circuit of U.S. Court of Appeals Judge Amy St. Eve stated the Boeing Co.‘s removal of an asbestos-linked mesothelioma case to federal court was valid, even though it did not provide evidence supporting its federal contractor defense. The appeals court indicated since the federal government was in control of its bomber production and was aware of the hazards of the asbestos exposure, the case belongs under federal jurisdiction. The ruling was announced in agreement with Circuit Judges Diane Sykes and Amy Barrett.

The negligence lawsuit was filed by Bruce and Barbara Betzner in Madison County Circuit Court against Boeing in April 2017. The lawsuit blamed the company for Bruce Betzner's mesothelioma from exposure to asbestos when he worked on the assembly of B-1 and B-1B bombers between the years 1982 and 1987 in the Dallas plant. In June 2018, Boeing was asked to remand the case to U.S. District Court for the Southern District of Illinois on the basis of "contractor defense", in that the U.S. Air Force was liable for the alleged asbestos exposure since it was in charge of the design and production of bombers. However, District Judge  Staci Yandle denied the motion asserting that Boeing failed to present any “facts, supporting affidavits, or exhibits” to back up its federal contractor defense argument. Judge St. Eve stated Boeing was only required to submit a “short and plain statement of the grounds of removal” from state to federal court and told Boeing's allegations are “plausible on their face, this case belongs in federal court.”

Madison County courts have thousands of asbestos exposure cases filed with 1,078 mesothelioma claims among 1,299 civil filings. Asbestos exposure cases are also underway in several states courts accusing talcum powder manufacturers of false marketing and knowingly hiding talc’s mesothelioma and ovarian cancer risks.