Cuomo v. Crane Co.

GERARD E. LYNCH, Circuit Judge:

After defendant-appellant Crane Co. removed plaintiff-appellee Susan Cuomo’s failure-to-warn suit on the basis of the federal officer removal statute, 28 U.S.C. § 1442(a)(1), the U.S. District Court for the Southern District of New York (Shira A. Scheindlin, J.) granted Cuomo’s motion to remand the case to state court. Reviewing the evidence submitted by both parties, the court concluded that because the evidence did not establish that the Navy either affirmatively prohibited or dictated asbestos warnings on Crane’s equipment, Crane did not raise a colorable…