Charles Brinkman v. General Dynamics Corporation
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:14-cv-00142-AWA-LRL Copies to all parties and the district court/agency. .. [15-1752]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
CHARLES B. BRINKMAN; LOUISE K. BRINKMAN,
Plaintiffs – Appellees,
GENERAL DYNAMICS CORPORATION; ELECTRIC BOAT CORPORATION,
Defendants – Appellants,
JOHN CRANE INCORPORATED; J. HENRY HOLLAND CORPORATION;
METROPOLITAN LIFE INSURANCE COMPANY; WACO, INCORPORATED;
UNION CARBIDE CORPORATION; NOLAND COMPANY; CLEAVER-BROOKS
COMPANY, a division of Aqua-Chem, Inc.; AURORA PUMP, CO;
AIR & LIQUID SYSTEMS CORPORATION, successor by merger to
Buffalo Pumps, Inc.; IMO INDUSTRIES, INCORPORATED; GOULDS
ENGINEERING COMPANY; WARREN PUMPS, INCORPORATED; CRANE
COMPANY; GRINNELL CORPORATION; J.R. CLARKSON COMPANY,
individually and as successor by mergers to Kunkle
Industries, Inc.; VELAN VALVE CORP.; TRANE U.S. INC.,
formerly known as American Standard, Inc.,
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Arenda L. Wright Allen,
District Judge. (4:14-cv-00142-AWA-LRL)
November 3, 2016
December 21, 2016
Before TRAXLER, KEENAN, and WYNN, Circuit Judges.
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Vacated and remanded by unpublished per curiam opinion.
Melissa A. Murphy-Petros, WILSON ELSER MOSKOWITZ EDELMAN &
DICKER LLP, Chicago, Illinois, for Appellants.
Harty, Robert R. Hatten, Hugh B. McCormick, III, PATTEN, WORNOM,
HATTEN & DIAMONSTEIN, L.C., Newport News, Virginia, for
Unpublished opinions are not binding precedent in this circuit.
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Brinkman filed suit in Circuit Court for the City of Newport
mesothelioma as a result of exposure to asbestos in 1966 and
It is undisputed that defendants General Dynamics
constructed the submarine pursuant to a contract with the Navy.
General Dynamics timely filed a notice of removal in the
Virginia pursuant to the federal officer removal statute, 28
U.S.C. § 1442(a)(1).
General Dynamics asserted that multiple
Technologies Corp., 487 U.S. 500 (1988).
Electric Boat joined
the notice of removal.
The district court subsequently granted a motion to remand
filed by the Brinkmans, concluding that Appellants had failed to
government contractor defense, the district court followed “a
decades-old practice in the [Eastern District of Virginia] that
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Ripley v. Foster Wheeler LLC, ___ F.3d ___, 2016 WL
6441049, at *1 (Nov. 1, 2016).
However, after the district
court issued its decision, we decided for the first time “that
the government contractor defense is available in failure to
Id. at *3 (emphasis added).
In light of this
recent holding, we vacate the district court’s order and remand
for further proceedings.
We dispense with oral argument because
the facts and legal contentions are adequately presented in the
VACATED AND REMANDED
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