Fishman Haygood Wins Ninth Circuit Appeal

On Feb. 17, 2022, Fishman Haygood’s appellate section, including Jason Burge and Tad Bartlett with assistance from Danielle Teutonico, successfully obtained a United States Court of Appeals for the Ninth Circuit decision affirming the right of a products liability plaintiff to proceed with his lawsuit in state court. The plaintiff, Landon Young, is a firefighter with the Goodyear Fire Department in Goodyear, Ariz., who spent over a decade working with aqueous film-forming foams (AFFFs), a class of allegedly carcinogenic fire-fighting agents. After developing cancer, the plaintiff and his wife sued several AFFF manufacturers and distributors in Arizona state court by asserting product liability claims under Arizona state law (Landon Young, et al v. Chemguard, Inc., et al, Case No. 2:21-cv-00568).

Chemguard removed the case to federal court under federal officer removal statute 28 U.S.C. § 1442(a)(1). The Youngs filed a motion to remand the case, and the district court agreed. After Chemguard appealed, the case was heard by the Ninth Circuit, who heard oral argument from Jason Burge. The Honorable Frederic Block, sitting on the Ninth Circuit by designation, wrote for the Court and affirmed the district court’s decision to remand due to Chemguard’s failure to show, among other things, that “a causal nexus exists between [the plaintiff’s] claims and the actions [the defendant] took pursuant to a federal officer’s direction.”

Fishman Haygood handles appeals for both plaintiffs and defendants in civil litigation across a variety of subject matters and jurisdictions. This decision is yet another demonstration of the firm’s appellate expertise. Click here to learn more about the firm’s appellate group.