Fifth Circuit: Williams, et al v. Lockheed Martin

 

Federal officer removal was appropriate, because at the time of removal, there was a colorable claim that the government was specific and complete, the contractor could not deviate from it, and it was implemented under the direct supervision of the government, and the government had more comprehensive knowledge of the risk at issue than did the contractor.

Challenges to discovery orders must identify the crucial evidence that would otherwise have been obtained.

As the expert testimony claiming exposure to the substance prior to the enactment of the statutory exclusive remedy was derived from factual assumptions rather than actual evidence, the statute provides the sole remedy.

Communication with an employee of a represented corporate party whose statements might be imputed to the corporate party wasn't an abuse of discretion, but as fee-shifting isn't in the state's rules, imposing a monetary sanction would require a finding of either bad faith or willful disobedience of a court's order.


Williams, et al v. Lockheed Martin