BARLOW v. COLGATE PALMOLIVE CO.

Nos. 13-1840, 13-1839.

750 F.3d 437 (2014)

Joyce BARLOW, Plaintiff-Appellee, v. COLGATE PALMOLIVE COMPANY, Defendant-Appellant, and John Crane-Houdaille, Incorporated; E.L. Stebbing & Company, Inc.; Hampshire Industries, Inc., f/k/a John H. Hampshire Company; Universal Refractories Company; J.H. France Refractories Company; The Goodyear Tire & Rubber Company, f/k/a Kelly Springfield Tire Company; MCIC, Inc., and its remaining Director Trustees, Robert I. McCormick, Elizabeth McCormick and Patricia Schunk; CBS Corporation, a Delaware Corporation f/k/a Viacom, Inc., Successor by merger to CBS Corporation, a Pennsylvania Corporation, f/k/a Westinghouse Electric Corporation; Metropolitan Life Insurance Company; A.W. Chesterton Company; Certainteed Corporation, individually and as successor to Bestwall Gypsum Co.; Kaiser Gypsum Company, Inc.; Union Carbide Corporation; International Paper Company, individually and as successor in interest to Champion International Corporation and U.S. Plywood Corp.; Bayer CropScience, Inc., individually and as successor in interest to Benjamin Foster Co., Amchem Products, Inc., H.B. Fuller Co., Aventis CropScience USA, Inc., Rhone-Poulenc AG Company, Inc., Rhone-Poulenc, Inc. and Rhodia, Inc.; Cooper Industries, Inc., individually and as successors in interest to Crouse Hinds Co.; Pfizer Corporation; Schneider Electric Usa, Inc., f/k/a Square D Company, individually and as successor in interest to Electric Controller and Manufacturing Co.; Georgia-Pacific, LLC, individually and as successor to Bestwall Gypsum Co.; Foster Wheeler Corporation; The Wallace & Gale Asbestos Settlement Trust; Conwed Corporation; General Electric Company; and Georgia Pacific Corporation, individually and as successor in interest to Bestwall Gypsum Co., Defendants. Clara G. MOSKO, Plaintiff-Appellee, v. Colgate Palmolive Company, Defendant-Appellant, and John Crane-Houdaille, Incorporated; E.L. Stebbing & Co., Incorporated; Hampshire Industries, Inc., f/k/a John H. Hampshire Company; Universal Refractories Company; J.H. France Refractories Company; The Goodyear Tire & Rubber Company, f/k/a Kelly Springfield Tire Company; MCIC, Inc., and its remaining Director Trustees, Robert I. McCormick, Elizabeth McCormick and Patricia Schunk; CBS Corporation, a Delaware Corporation f/k/a Viacom, Inc., f/k/a Westinghouse Electric Corporation; Metropolitan Life Insurance Company; A.W. Chesterton Company; Certainteed Corporation, individually and as successor to Bestwall Gypsum Co.; Kaiser Gypsum Company, Inc.; Union Carbide Corporation; International Paper Company, individually and as successor in interest to Champion International Corporation and U.S. Plywood Corp.; Bayer CropScience, Inc., individually and as successor in interest to Benjamin Foster, Co., Amchem Products, Inc., H.B. Fuller Co., Aventis CropScience USA, Inc., Rhone-Poulenc AG Company, Inc., Rhone-Poulenc, Inc. and Rhodia, Inc.; Cooper Industries, Inc., individually and as successors in interest to Crouse Hinds Co.; Pfizer Corporation; Schneider Electric USA, Inc., f/k/a Square D Company, individually and as successor in interest to Electric Controller and Manufacturing Co.; Foster Wheeler Corporation; The Wallace & Gale Asbestos Settlement Trust; 3 Conwed Corporation; Georgia-Pacific, LLC, individually and as successor to Bestwall Gypsum Co.; 3M Company; Mallinckrodt, Inc.; Crown, Cork & Seal Co., Inc.; Koppers Company, Inc.; Walter E. Campbell Co., Inc.; Krafft-Murphy Company, individually and as successor to National Asbestos Company, a dissolved Delaware Corporation; AC & R Insulation Co., Inc.; Coty, Inc.; Johnson & Johnson; Luzenac America Inc.; R.T. Vanderbilt Company, Inc.; Bayer Corporation, as successor in interest to Sterling Drug, Inc., and Sterling-Winthrop Inc.; and General Electric Company, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 30, 2014.


Attorney(s) appearing for the Case

ARGUED: William Balden Adams , Quinn Emanuel Urquhart & Sullivan, LLP, New York, New York, for Appellant. Jennifer Louise Lilly , Law Offices of Peter G. Angelos, Baltimore, Maryland, for Appellees. ON BRIEF: Thomas P. Bernier , Segal McCambridge Singer & Mahoney, Baltimore, Maryland; Faith E. Gay , Quinn Emanuel Urquhart & Sullivan, LLP, New York, New York, for Appellant.

Affirmed by published opinion. Senior Judge DAVIS wrote the majority opinion, in which Judge COGBURN joined. Judge FLOYD wrote a dissenting opinion.


DAVIS, Senior Circuit Judge:

The federal removal statute immunizes from review — appellate or otherwise — any order remanding to state court a case removed to federal court, with an exception for certain civil rights cases or suits against federal officers. 28 U.S.C. § 1447(d). In particular, the statute has been interpreted to "preclude review only of remands for lack of subject-matter jurisdiction and for defects in removal procedure." Powerex...

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