Kathleen Wood v. Crane Co

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge WYNN joined. Judge DUNCAN concurred in the judgment only.

DIAZ, Circuit Judge:

Crane Company, one of many defendants in this asbestos litigation, removed this case to federal court, asserting a federal defense to plaintiff James Joyner’s 1 state tort claims. When Joyner amended his complaint, eliminating the claims underlying that federal defense, the district court remanded to state court. Crane now complains that it should have been given the opportunity to assert a new basis for federal jurisdiction — even though it…