Cuomo v. Crane Co., No. 13-4510 (2d Cir. 2014)Annotate this Case
Plaintiff filed suit against Crane, alleging that Crane, a supplier of shipboard equipment to the Navy, caused her husband to be exposed to asbestos during his service from 1974 to 1980 by failing to affix adequate asbestos warnings to the valves it supplied for the Navy's vessels. Crane removed the suit to federal court under the federal officer removal statute, 28 U.S.C. 1442(a)(1). Plaintiff then moved to remand to state court and the district court granted the motion. The court concluded that Crane has provided evidence that the Navy issued detailed and comprehensive specifications regarding the production and packaging of its valves. Therefore, Crane has provided sufficient evidence to create a colorable federal defense at this preliminary stage. The court reversed the judgment of the district court.