CAMPBELL-MCCORMICK, INC., and its remaining Director-Trustee, Robert I. McCormick, Defendant and 3rd-Party Plaintiff - Appellant,
CLIFFORD OLIVER, Plaintiff - Appellee, and JUNE R. STEARNS, Plaintiff-Appellee, THE WALTER E. CAMPBELL COMPANY, INC., Defendant-Appellee, MCIC, INCORPORATED, formerly known as McCormick Asbestos Co., Defendant and 3rd-Party Plaintiff - Appellee, ATWOOD & MORRILL CO., INC.; MANVILLE TRUST PERSONAL INJURY SETTLEMENT TRUST; AURORA PUMP; CRANE CO.; GENERAL ELECTRIC COMPANY; INGERSOLL-RAND CO., INC.; JOHNSON CONTROLS, INC.; MAROTTA CONTROLS, INC.; THE NASH ENGINEERING COMPANY; THE WEIR GROUP; VELAN VALVES CORP.; VIKING PUMP; WARREN PUMPS, INC., Third Party Defendants - Appellees.
Argued: September 13, 2017
from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, Chief District
Joseph Parrott, DEHAY & ELLISTON, L.L.P., Baltimore,
Maryland, for Appellant.
Gill Thomas, BROWN GOULD KIELY LLP, Bethesda, Maryland; David
Michael Sturm, TADDEOSTURM PLC, Richmond, Virginia, for
Patrick C. Smith, John C. Ruff, DEHAY & ELLISTON, L.L.P.,
Baltimore, Maryland, for Appellant. Daniel A. Brown, Matthew
E. Kiely, BROWN GOULD KIELY LLP, Bethesda, Maryland, for
Appellees Clifford Oliver and June R. Stearns. F. Ford Loker,
MILES & STOCKBRIDGE, P.C., Baltimore, Maryland, for
Appellee Aurora Pump Company. Gerry H. Tostanoski, TYDINGS
& ROSENBERG LLP, Baltimore, Maryland, for Appellee Atwood
& Morrill Company. Malcolm S. Brisker, GOODELL, DEVRIES,
LEECH & DANN, LLP, Baltimore, Maryland, for Appellees
Johnson Controls, Inc. and Viking Pump, Inc. Anthony B.
Taddeo, Jr., TADDEOSTURM PLC, Richmond, Virginia, for
Appellee Velan Valve Corp. Michael L. Haslup, Jonathan J.
Huber, MILES & STOCKBRIDGE, P.C., Baltimore, Maryland,
for Appellee Ingersoll-Rand Company. Robert E. Scott, Jr.,
Richard J. Medoff, SEMMES, BOWEN & SEMMES, Baltimore,
Maryland, for Appellee Marotta Controls, Inc.
KING and THACKER, Circuit Judges, and John A. GIBNEY, Jr.,
United States District Judge for the Eastern District of
Virginia, sitting by designation.
dismissed by published opinion. Judge King wrote the opinion,
in which Judge Thacker and Judge Gibney concurred.
these proceedings, plaintiff Wayne Oliver filed a complaint
in Maryland state court alleging asbestos exposure claims
against, among other defendants, Campbell-McCormick, Inc.
("CMC"). In response, CMC filed a third-party
complaint against several entities, including General
Electric Company ("GE"). GE then removed the
litigation to the District of Maryland, prompting Oliver to
move to sever his claims and remand them to state court. The
federal district court granted Oliver's motion and
concomitantly retained jurisdiction over CMC's
third-party claims, which the court stayed. See Oliver v.
Campbell-McCormick, Inc., No. 1:16-cv-01057 (D. Md. July
18, 2016), ECF No. 106 (the "Order"). CMC appeals
from the Order, contending that the district court
erroneously severed and remanded Oliver's claims. As
explained below, we dismiss the appeal for lack of appellate
jurisdiction - including jurisdiction, as claimed by CMC,
under the collateral order doctrine.
December 2015, Wayne Oliver filed his complaint in the
Circuit Court for Baltimore City, Maryland, alleging state
law claims against CMC, the Walter E. Campbell Company, Inc.,
and MCIC, Incorporated. CMC then filed its third-party
complaint against GE and twelve other third-party defendants,
seeking contribution pursuant to the Maryland Uniform
Contribution Among Joint Tort-Feasors Act. See Md.
Code, Cts. & Jud. Proc. § 3-1401 (the
"UCATA"). In April 2016, GE removed the litigation
to federal district court pursuant to 28 U.S.C. §
1442(a), asserting the federal contractor defense. A little
more than a month later, in May 2016, Oliver filed his motion
to sever and remand his claims. Specifically, Oliver
requested the district court to decline to exercise
supplemental jurisdiction over his state law claims pursuant
to 28 U.S.C. § 1367(c).
Order of July 18, 2016, the district court granted
Oliver's motion to sever and remand his claims, but
retained jurisdiction over and stayed CMC's third-party
claims. As the court explained in the memorandum opinion
accompanying the Order, its discretion to decline to exercise
supplemental jurisdiction over a state law claim is
circumscribed by § 1367(c), under which "a
declination is permitted only when, " inter alia,
"the claim 'substantially predominates over' the
claim [that accords] original or removal jurisdiction."
See Oliver v. Campbell-McCormick, Inc., No.
1:16-cv-01057, at 4 (D. Md. July 18, 2016), ECF No. 105 (the
"Opinion") (quoting 28 U.S.C. § 1367(c)).
Importantly, the federal contractor defense is the only
source of federal jurisdiction herein, because CMC's
third-party claims are based entirely on Maryland state law,
i.e., the UCATA. The Opinion deemed severance and remand of
Oliver's state law claims to be appropriate, in that
those claims "substantially predominate over the federal
contractor defense ...