A dispute over allegedly defective construction materials supplied for a federal reconstruction project has led to legal action, with claims that contractual and warranty obligations were not met. The complaint was filed by Process Service Specialists, LLC in the 18th Judicial District Court for the Parish of West Baton Rouge, State of Louisiana, on or about February 25, 2026, naming Foley Products Company, LLC as the defendant.
According to court documents, the case centers on work performed during the Tyndall Air Force Base project. The U.S. Army Corps of Engineers acted as the Department of Defense’s agent overseeing engineering and construction at Tyndall Air Force Base. The Lane Construction Corporation served as prime contractor and subcontracted Process Service Specialists (PSS) to procure and install storm drainage infrastructure—including reinforced concrete pipe (RCP), drainage inlets, and related structures. PSS then contracted with Foley Products Company to supply the RCP.
The filing states that after installation, the U.S. Army Corps of Engineers inspected the supplied RCP as part of its quality control procedures and subsequently alleged that the RCP was defective. PSS asserts that this alleged defect constituted a breach of contract by Foley Products Company. Specifically, PSS claims that Foley failed to fulfill its contractual obligation to provide replacement RCP under warranty terms and conditions.
Foley Products Company responded by filing a Notice of Removal on April 15, 2026, seeking to move the case from state court to federal court under two main grounds: diversity jurisdiction and federal officer removal statute. Foley argues that there is complete diversity between parties—PSS being a citizen of Louisiana and Florida through its members Kevin Sullivan, Kenneth Lawson, and PSS Holdco (whose sole member is Adam Shuman), while Foley is considered a citizen of Delaware and Texas through its corporate structure involving FPC Holdco LLC and Commercial Metals Company.
The notice also addresses the amount in controversy requirement under 28 U.S.C. § 1332. While denying liability, Foley states that “the amount in controversy, exclusive of interest and costs, exceeds $75,000,” citing invoices related to RCP supplied for the Tyndall AFB Project as evidence supporting this threshold. PSS seeks recovery for damages allegedly resulting from breach of contract and warranty—including costs associated with excavation, removal, replacement, repair work, additional labor and equipment expenses, delay damages, consequential damages, incidental damages—and also brings a claim in redhibition seeking attorney’s fees.
In addition to diversity jurisdiction arguments, Foley invokes the federal officer removal statute under 28 U.S.C. § 1442(a)(1). According to their filing: “Foley has raised a colorable federal defense” based on derivative sovereign immunity established in Yearsley v. W.A. Ross Construction Co., which protects contractors performing work authorized by the federal government from liability when carrying out government directives. The document outlines how Foley’s role as an RCP supplier was dictated by contracts flowing from USACE through Lane Construction Corporation down to PSS and then Foley itself.
The filing further explains that “Foley supplied materials for the Tyndall AFB Project pursuant to contracts” connected directly with USACE activities under Department of Defense authority. It emphasizes that “the present suit centers on allegedly defective materials supplied by Foley at the direction of the federal government.” Citing recent Fifth Circuit precedent in Latiolais v. Huntington Ingalls Inc., it argues that any civil action connected or associated with acts under color of federal office may be removed under this provision.
Foley reports it was served with process on March 16, 2026; thus its Notice of Removal is timely filed within thirty days as required by law. The company asserts venue is proper in United States District Court for the Middle District of Louisiana because it embraces West Baton Rouge Parish where suit originated.
Ultimately, Foley requests removal so all further proceedings occur in federal court rather than state court; it asks for jury trial determination there along with any other relief deemed appropriate by law.
Attorneys representing Foley Products Company are Kevin F. Truxillo (Bar No. 30769) and Landis S. Prestigiacomo (Bar No. 40642) from Garrison Yount Forte & Mulcahy L.L.C., New Orleans. The case identification number is Civil Action No.: 3:26-cv-404.
Source: 326cv00404_Process_Service_v_Foley_Products_Complaint_Eastern_District_of_Louisiana.pdf
