U.S. Representative Elaine Luria of Virginia has introduced legislation
to prohibit state courts from removing cases to the federal court system.
Throughout the United States, when asbestos victims seek restitution from
the companies that knowingly poisoned them, many defendant companies who
supplied products to the U.S. Military seek removal to federal court where
more favorable procedural rules may apply, and where they ultimately hope
to avoid ever having to compensate their victims.
The Removal Adjustment Act will prevent companies from delaying from claiming defense under its basis
for removal the so-called federal-officer removal statute, found at
§1442(a) of Title 28 of the U.S. Code. That provision authorizes any agency, officer of the United States, or
any person acting under that officer, to remove to federal court any suit
against them that is relating to any act under color of such office.
“The Removal Adjustment Act will cut through the red tape of the
federal judicial system and ensure that victims of asbestos exposure receive
the compensation and benefits they are owed.” Congresswoman Luria
said in the
press release. The Congresswoman serves as vice chair of the House Armed Services Committee
and is also on the House Committee on Veterans Affairs and voted in favor of the
PACT Act which will expand health care services and benefits for veterans exposed
to burn pits and toxic substances while serving in the military.