Unpublished opinions are not binding precedent in this circuit.

Plaintiffs Charles Brinkman (“Brink-man”) and Louise Brinkman filed suit in Circuit Court for the City of Newport News, Virginia, asserting state law claims against several defendants. The suit alleged that Brinkman developed mesotheli-oma as a result of exposure to asbestos in 1966 and 1967 while serving in the United States Navy on a nuclear 'Submarine. It is undisputed that defendants General Dynamics Corporation and Electric Boat Corporation (“Appellants”) constructed the submarine pursuant to a contract with the Navy.

General Dynamics timely filed a notice of removal in the United States District Court for the Eastern District of Virginia pursuant to the federal officer removal statute, 28 U.S.C. § 1442(a)(1). General Dynamics asserted that multiple colorable federal defenses supported its removal, including government contractor immunity under Boyle v. United Technologies Corp., 487 U.S. 500, 108 S.Ct. 2510, 101 L.Ed.2d 442 (1988). Electric Boat joined the notice of removal.

The district court subsequently granted a motion to remand filed by the Brink-mans, concluding that Appellants had failed to allege facts asserting a “colorable federal defense to the state law claims asserted against them. Regarding the government contractor defense, the district court followed “a decades-old practice in the [Eastern District of Virginia] that denies the government contractor defense in failure to warn cases.” Ripley v. Foster Wheeler LLC, 841 F.3d 207, 209 (2016). However, after the district court issued its decision, we decided for the first time “that the government contractor defense is available in failure to warn cases.” Id. at 211 (emphasis added). In light of this recent holding, we vacate the district court’s order and remand for further proceedings. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

VACATED AND REMANDED