Legal Opinion

Janya Sawyer v. Foster Wheeler LLC

Court of Appeals for the Fourth Circuit

Decided June 22, 2017No. 16-1530PublishedCited by 84 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge King and Judge Duncan joined.

NIEMEYER, Circuit Judge:

In this appeal, we are presented with the single issue of whether a government contractor was entitled to remove a state tort action to federal court under 28 U.S.C. § 1442(a)(1) based on the contractor’s assertion that it had a colorable federal defense of government-contractor immunity.

Joseph Morris worked as shipbuilder at the Bethlehem Steel Sparrows Point Shipyard, beginning in 1948 and continuing into the 1970s. He died of mesothelioma in…

2Cases cited15 opinions

  1. Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
  2. Willingham v. MorganSupreme Court of the United States · 1969
  3. Watson v. Philip Morris Companies, Inc.Supreme Court of the United States · 2007
  4. Jefferson County v. AckerSupreme Court of the United States · 1999
  5. Phipps v. General Motors Corp.Court of Appeals of Maryland · 1976

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3Cited by84 opinions

  1. James Latiolais v. Eagle, IncorporatedCourt of Appeals for the Fifth Circuit · 2020
  2. Mayor and City Council of Baltimore v. BP P.L.C.Court of Appeals for the Fourth Circuit · 2022
  3. Boulder County Commissioners v. Suncor EnergyCourt of Appeals for the Tenth Circuit · 2022
  4. Mayor and City Council of Balt v. BP P.L.C.Court of Appeals for the Fourth Circuit · 2020
  5. Mayor of Balt. v. BP P. L.C.District Court, D. Maryland · 2019

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