Nikolaus J. Marcher v. Air and Liquid Systems Corporation

I. INTRODUCTION AND FACTUAL BACKGROUND

On November 17, 2021, Nikolaus J. Marcher (“Nikolaus”) and Lynne Marcher (together, “Plaintiffs”) filed a personal injury complaint against numerous defendants in Los Angeles County Superior Court. (See Notice of Removal at 5, ECF No. 1.) The complaint alleges that Nikolaus was exposed to asbestos throughout his career as an insulator and lists the employers, products, and worksites that he believes caused his exposure. (/d., Ex. 1 at 30.) The list includes locations where Nikolaus allegedly performed work for government-contracted companies, including on the premises of Defendant National Steel and Shipbuilding Company (“NASSCO”), where Nikolaus worked on the United States Navy (“Navy”) ship USS Duluth, and at the North Island Navy Shipyard, where he worked on the USS Constellation. (/d.) Because Nikolaus alleged that he suffered injury while working for a government contractor or on government property, NASSCO removed the action to this Court under 28 U.S.C. § 1442(a)(1), the federal officer removal statute.! Shortly after removal, Plaintiffs filed a Notice of Disclaimer (“Disclaimer”) with the Court. (ECF No. 68.) In the Disclaimer,…