Monroe et al v. Air & Liquid Systems Corp., as successor-by-merger to Buffalo Pumps, Inc. et al

Filing 51

ORDER OF REMAND: This case is REMANDED to Third Judicial Circuit, Madison County, Illinois. Signed by Judge Staci M. Yandle on 3/12/2025. (mah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
PHILLIP A. MONROE and
FRANCES R. MONROE,
Plaintiffs,
vs.
AIR & LIQUID SYSTEMS, CORP., et al,
Defendants.

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Case No. 25-cv-218-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
Plaintiffs originally filed this action in the Circuit Court for the Third Judicial Circuit, Madison
County, Illinois, alleging injuries due to exposure to asbestos (See Doc. 1-1). Defendant RTX
Corporation (“RTX”) removed the case to this Court pursuant to the provisions of 28 U.S.C. §
1442(a)(1), which provides for removal when a defendant is sued for acts undertaken at the direction
of a federal officer (Doc. 1) 1. Now before the Court is Plaintiff’s Uncontested Motion to Remand
(Doc. 11). No objections have been filed to the motion.
The federal officer removal statute is an exception to the well-pled complaint rule, which
requires federal jurisdiction to arise on the face of the Complaint. Ruppel v. CBS Corp., 701 F.3d 1176,
1180 (7th Cir. 2012) (citing Mesa v. California, 489 U.S. 121, 136 (1989)). Section 1442(a)(1) permits
the removal of the entire case, even though the federal officer defense may not apply to all claims.
Alsup v. 3–Day Blinds, Inc., 435 F.Supp.2d 838, 844 (S.D. Ill. 2006). The claims not subject to the
federal officer jurisdiction are subject to a type of ancillary jurisdiction. Futch v. AIG Inc., 2007 WL
1752200 at *4 (S.D. Ill. 2007) (citing 14C Charles Alan Wright, Arthur R. Miller, Edward H. Cooper

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No other Defendant joined the removal.

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& Joan E. Steinman, Federal Practice and Procedure § 3727 (3d ed. 1998 & Supp. 2007)). However,
it may be appropriate to remand the ancillary claims after the federal claims have dropped out of the
case. Sullivan v. Conway, 157 F.3d 1092, 1095 (7th Cir. 1998).
The Seventh Circuit has identified three circumstances under which remand is inappropriate:
(1) if the statute of limitations would bar the refiling of claims in state court; (2) if substantial judicial
resources have already been spent on the litigation; or (3) if the outcome of the claims is obvious.
Williams Elecs. Games, Inc. v. Garrity, 479 F.3d 904, 907 (7th Cir. 2007). When none of these
exceptions apply, courts are generally reluctant to exercise jurisdiction over the remaining claims
because of the state’s compelling interest in enforcing its own laws. Groce v. Eli Lilly & Co., 193 F.3d
496, 501 (7th Cir. 1999). Remand is also preferred in asbestos cases when one defendant out of many
removes the case based on a federal defense. See Futch, 2007 WL 1752200. This is the situation that
now exists in this case; the federal defense of RTX provided the only basis for federal jurisdiction.
RTX was dismissed from the case on February 27, 2025. None of the remaining defendants have
raised the federal officer removal statute as a defense, identified another basis for federal jurisdiction,
or objected to remand. The remaining claims are governed by state law, and Plaintiffs’ choice of forum
is state court.
Accordingly, Plaintiffs’ Uncontested Motion to Remand (Doc. 11) is GRANTED. This case
is REMANDED to the Circuit Court for the Third Judicial Circuit, Madison County, Illinois and all
pending motions are DENIED as MOOT.
IT IS SO ORDERED.
DATED: March 12, 2025

STACI M. YANDLE
United States District Judge

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