Michael Karmon v. California Institute of Technology

I. INTRODUCTION

Before the Court is a motion to remand brought by Plaintiffs Michael Karmon, Galid Rubin, and Adina Kraus (“Plaintiffs”). See Dkt. 17. The wrongful death asbestos exposure case was removed from the Los Angeles Superior Court by Defendants California Institute of Technology, Fisher Scientific Company LLC, and Metalclad Insulation LLC (“Defendants”). See Dkt. 1. Defendant Fisher Scientific also brings a motion to dismiss for lack of personal jurisdiction. Dkt. 7. The question before the Court is whether Plaintiffs’ waiver of claims arising out of asbestos exposure at a federal enclave—the National Institutes of Health (“NIH”)—deprives the Court of federal question jurisdiction.! For the reasons stated below, the Court finds that it does. Plaintiffs’ motion to remand is GRANTED. Il. FACTUAL BACKGROUND Plaintiffs are successors-in-interest of Mrs. Judith Karmon, whose various exposures to asbestos are the basis of this wrongful death case. See Compl., Ex. A to Not. Removal, Dkt. 1-1. Mrs. Karmon passed away from mesothelioma on March 2, 2021. See Mot. at 5.

! Defendant California Institute of Technology initially pursued removal on the basis of…