Bartel ex rel. Estate of Bishop v. Alcoa Steamship Co.

64 F. Supp. 3d 843, 2014 U.S. Dist. LEXIS 168290
CourtDistrict Court, M.D. Louisiana
DecidedDecember 4, 2014
DocketCivil Action Nos. 14-251-JJB-RLB, 14-252-JJB-RLB
StatusPublished
Cited by17 cases

This text of 64 F. Supp. 3d 843 (Bartel ex rel. Estate of Bishop v. Alcoa Steamship Co.) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bartel ex rel. Estate of Bishop v. Alcoa Steamship Co., 64 F. Supp. 3d 843, 2014 U.S. Dist. LEXIS 168290 (M.D. La. 2014).

Opinion

RULING

JAMES J. BRADY, District Judge.

The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr. dated November 6, 2014 (doc. no. 50). The defendants filed an objection which restates their prior argument. The Magistrate Judge’s application of the law is correct.

The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court’s opinion herein. Accordingly, the plaintiffs Motion to Remand is GRANTED and this matter is REMANDED to the 19th Judicial District Court for the Parish of East Baton Rouge, State of Louisiana.

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

RICHARD L. BOURGEOIS, JR. United States Magistrate Judge.

Before the Court is a consolidated action in which two separate defendants have removed the same action filed in state court pursuant to two different removal statutes: [845]*84528 U.S.C. § 1441 and 28 U.S.C. § 1442. The court has consolidated these actions for adjudication. Plaintiff has filed two Motions to Remand respectively addressing each basis for removal.1 Both of these motions are opposed. (Bartel I, R. Docs. 47, 48) (Bartel II, R. Docs. 36, 37). Based on the record and the applicable law as set forth below, Plaintiff’s motions should be granted and the action should be remanded to state court.

I. BACKGROUND

William E. Bartel (Plaintiff), personal representative of the Estate of Silas B. Bishop (Decedent), filed the underlying state court action on March 12, 2014 in the 19th Judicial District Court for the Parish of East Baton Rouge, Louisiana. (Bartel I, Petition, R. Doc. 1-1). Plaintiff alleges that between 1941 and 1985, Decedent was employed by the following Defendants: Alcoa Steamship Company, Inc.; Amerada Hess Corp.; American President Lines Ltd.; BP Corp. North American, Inc., individually, and/or as successor-in-interest to American Oil Co., and Amoco Shipping Co.; Amoco Shipping Company; Central Gulf Lines, Inc., individually and/or as successor-in-interest to Central Gulf Stream Corporation; Central Gulf Steamship Corporation; Crowley Marine Services, Inc., as successor by merger to Delta Steamship Lines, Inc., Wa Mississippi Shipping Co., Inc.; Delta Steamship Lines Inc.; Empire Transport Inc.; Farrell Lines Incorporated f/k/a American South African Lines; Hess Oil & Chem. Corp., Inc.; James River Transport Inc.; Chas. Kutz & Company, individually and/or as successor-in-interest to Keystone Shipping Company & Keystone Tankship Corporation; Keystone Shipping Company; Marine Navigation Company; Crowley Maritime Corp., individually and/or as successor-in-interest' to Marine Transport Lines, Inc.; Marine Transport Lines, Inc.; Mathiasen Tanker Ind. Inc.; Matson Navigation Co. Inc.; National Bulk Carriers Inc.; Ogden Leader Transport Inc.; Pan Atlantic Steamship Co.; Sea-Land Service Inc.; Wabash Transport Inc.; and Waterman Steamship Corporation. (Petition, ¶¶ 2, 7-32). Plaintiff alleges that Decedent contracted and died of mesothelioma as a result of asbestos exposure on vessels owned or operated by Defendants. (Petition, ¶¶ 33-46). Plaintiff brings causes of action for recovery against Defendants under both the Jones Act, 46 U.S.C. § 30104 (Petition, ¶¶ 47-48), and general maritime law (Petition, ¶¶ 49-53). Plaintiff alleges that Defendants failed to warn Decedent of the presence of, and dangers associated with, asbestos on those vessels, failed to provide him with a safe workplace, and failed to provide adequate training, supervision, and protective equipment to Decedent and the other crewmembers for the handling of asbestos'and asbestos-containing products. (Petition, ¶¶ 39, 47, 51, 52). Plaintiff did not demand a jury trial.

American President Lines, Ltd. (APL) filed a Notice of Removal on April 25, 2014. (Bartel II, R. Doc. 1). APL alleges that the Court has jurisdiction over the Plaintiffs action pursuant to the federal officer removal statute, 28 U.S.C. § 1442(a)(1).2 APL alleges that while he [846]*846was its employee between 1951 and 1993, Decedent worked on one vessel that APL operated for the U.S. Navy, Military Seal-ift Command (“MSC”): the USNS YUKON. (Bartel II, R. Doc. 1 at 2). APL attached a copy 'of the U.S. Maritime Administration’s Vessel Status Card for this vessel providing that it was delivered to “Maritime Administration” in March 1986 and returned to the MSC for “Navy Mobilization” in March 1990. (Bartel II, R. Doc. 1-2).

Hess Corporation (Hess) also filed a Notice of Removal on April 25, 2014. (Bartel I, R. Doc. 1). The remaining served Defendants consented to the removal. (Bar-tel I, R. Doc. 2).3 Hess alleges that the Court has subject matter jurisdiction over Plaintiffs claims under the admiralty jurisdiction statute, 28 U.S.C. § 1333(1) (saving to suitors clause), and that removal is proper pursuant to 28 U.S.C. § 1441 (removal of civil actions).

On May 23, 2014, Plaintiff moved to remand this action to state court. (Bartel I, R. Doc. 39; Bartel II, R. Doc. 27). Plaintiff asserts that removal is improper because (1) his Jones Act claims are non-removable pursuant to 28 U.S.C. § 1445(a), (2) his general maritime law claims are non-removable pursuant to the “saving to suitors” clause of 28 U.S.C. § 1333(1), and (3) APL cannot establish the “causal nexus” requirement for removal pursuant to the federal officer removal statute, 28 U.S.C. § 1442.

II. ARGUMENTS OF THE PARTIES

A. Removal Pursuant to 28 U.S.C. § 1441

Plaintiffs primary argument for remand of the removal made pursuant to 28 U.S.C. § 1441 is that his Jones Act claims are made non-removable pursuant to 28 U.S.C. § 1445(a). (Bartel I, R. Doc. 39-1 at 2). Plaintiff argues that because his general maritime claims arise out of the same operative facts as his Jones Act claims, the entire action is non-removable. (Bartel I, R. Doc. 39-1 at 3-4). Plaintiff further argues that nothing in the 2011 amendments to 28 U.S.C. § 1441

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Blum v. A T & T Corp
W.D. Louisiana, 2025
Gardner v. Latin
M.D. Louisiana, 2020
Templet v. Avondale Industries, Inc.
274 F. Supp. 3d 469 (E.D. Louisiana, 2017)
Weis v. DSM Copolymer, Inc.
160 F. Supp. 3d 954 (M.D. Louisiana, 2016)
Bartel v. Alcoa Steamship Co.
805 F.3d 169 (Fifth Circuit, 2015)
Langlois v. Kirby Inland Marine, LP
139 F. Supp. 3d 804 (M.D. Louisiana, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
64 F. Supp. 3d 843, 2014 U.S. Dist. LEXIS 168290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartel-ex-rel-estate-of-bishop-v-alcoa-steamship-co-lamd-2014.