Articles Posted in April, 2025

For purposes of this article, the mesothelioma victim in this case will be referred to as R.H.

In a recent court decision, the California Court of Appeals ruled in favor of the family of a mesothelioma victim in a lawsuit against two foreign car parts manufacturers. The ruling reversed an earlier trial court decision that had dismissed the companies from the case because of jurisdictional arguments. This decision allows the family to proceed with their legal claims against the two companies.

R.H. spent more than four decades working as an automobile mechanic. According to the lawsuit, which was filed by R.H.’s widow and adult children, during this time, R.H. was routinely exposed to asbestos-contaminated parts, particularly from Volkswagen and Toyota vehicles, which ultimately led to him developing malignant mesothelioma, a rare and aggressive form of cancer that can take decades to develop after initial asbestos exposure. According to the lawsuit, R.H. worked on Volkswagen cars at California dealerships from 1969 to 1976 and on Toyota vehicles between 1977 and 2009, which allegedly included Akebono Brake Co., Ltd., asbestos-contaminated components. The family accused the companies and others of strict product liability, negligence, and fraud.

For purposes of this article, the mesothelioma victim in this case will be referred to as N.L.

In a recent court ruling, a shipyard’s attempt to claim immunity in a mesothelioma lawsuit was denied, maintaining the company’s accountability for failing to protect workers from asbestos exposure. The case was brought by the plaintiff, N.L., a former employee of Avondale Shipyard, who was diagnosed with malignant mesothelioma decades after working there in the 1970s and 1980s. In his lawsuit, filed in Louisiana state court, he argued that the shipyard had failed to warn him about the dangers of asbestos or take necessary precautions to prevent exposure. The company, which Huntington Ingalls Incorporated now owns, attempted to escape liability by claiming immunity as a federal contractor. However, the court rejected this defense, ruling that Avondale didn’t meet the legal standard for such protection.

In his lawsuit, N.L. names multiple companies, including Huntington Ingalls Incorporated, alleging that his exposure to asbestos dust at the shipyards and outside of work when visiting his coworkers directly contributed to his illness. Avondale moved the case to federal court, arguing that because the ships built at the yard were for the U.S. government, they acted under federal authority and should, therefore, be immune from liability. In response, N.L. filed a petition for summary judgment, challenging the company’s immunity claim.