Ruppel v. CBS Corp.

Dist. Ct. erred in remanding back to state court plaintiff's action alleging that defendant caused plaintiff to suffer mesothelioma by including asbestos in turbines it supplied to U.S. Navy, where defendant had removed said action via federal officer removal statute under 28 USC section 1442(a)(1). Defendant was entitled to said removal since defendant had colorable government contractor defense with respect to both use of asbestos and failure to warn theories of plaintiff's case where defendant alleged that: (1) defendant worked closely with Navy in supplying said turbines and was acting under color of federal authority; and (2) Navy approved precise turbine specifications that included use of asbestos, was fully aware of all hazards associated with asbestos, and controlled content and placement of any warnings.