In a significant development, a New Jersey federal judge has remanded a lawsuit back to state court after dismissing related claims against The Boeing Co. The lawsuit, brought by Julie Klick after her husband’s death from mesothelioma alleges exposure to asbestos in products manufactured by Johnson & Johnson and other companies.
U.S. District Judge Michael A. Shipp granted Klick’s unopposed remand motion, stating that with Boeing no longer involved, the case should return to state court. Judge Shipp emphasized that the complaint exclusively involves state-law claims, and the court has yet to weigh in on the merits of the case or commence discovery.
The lawsuit, initially filed in New Jersey Superior Court, alleges that Paul Klick III developed mesothelioma after exposure to asbestos while working for Johns-Manville and serving in the U.S. Air Force supervising mechanics working with asbestos-containing products on Boeing aircraft. Additionally, Klick’s exposure allegedly occurred from using talcum powder products from Johnson & Johnson and Gold Bond.
Boeing removed the case to federal court based on federal officer jurisdiction, claiming it built the aircraft at the direction of the federal government. However, Judge Shipp dismissed the claims against Boeing in June, citing a lack of jurisdiction, as the alleged exposure occurred in Maine, not New Jersey.
With Boeing’s dismissal, the lawsuit no longer qualifies for federal question jurisdiction, prompting the remand back to state court. Counsel for Julie Klick did not immediately respond to requests for comment, while representatives for Johnson & Johnson and other defendants declined to comment.
This development marks a significant turn in the legal proceedings, highlighting the complexities surrounding asbestos litigation and jurisdictional matters in such cases.
