Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim in this case will be referred to as N.L., Jr.
In a recent court decision, a Louisiana court sided with a mesothelioma victim in a legal battle against Huntington Ingalls Incorporated, the owner of Avondale shipyards. Mr. N.L., Jr. filed a personal injury lawsuit after being diagnosed with malignant mesothelioma, a rare but aggressive type of cancer caused by asbestos exposure. The plaintiff claimed that the shipyard failed to warn him about the dangers of the material when he worked there in the 1970s and 1980s. This omission, he says, left him at risk of suffering asbestos exposure and developing serious illnesses. When a person inhales asbestos fibers, these fibers can become lodged in the body. Over time, the fibers may cause inflammation, scarring, and genetic damage to the cells lining the lungs, abdomen, or heart. Eventually, this cellular damage can lead to the formation of malignant tumors like mesothelioma. On top of suffering asbestos exposure at the shipyard, Mr. N.L. Jr claimed he was exposed to this dangerous material when visiting his coworkers, who were also exposed.
After N.L., Jr. filed his lawsuit, Avondale tried to argue that it was entitled to the government contractor immunity defense. The company also tried to remove the case from state to federal court. Avondale argued that since it had been acting under the direction of a federal officer at the time of N.L., Jr.’s employment, it should be entitled to federal contractor immunity. The federal contractor immunity is a defense that contractors sometimes use to protect themselves from liability when performing work for the federal government. This defense protects contractors from lawsuits when their actions or omissions were mandated by the government. Large companies often use this legal defense in asbestos-related cases to try to avoid trial in state courts. The court rejected the defendant’s argument. N.L. Jr filed a motion for summary judgment to block the company from removing the case to federal court, and the U.S. District Court of the Eastern District of Louisiana agreed with him.
Upon reviewing the defendant’s and claimant’s motions, the court noted that the defendant had relied on the same arguments rejected in previous cases. The court said Avondale keeps bringing up the same arguments, hoping for a different outcome. In this case, the judges pointed out that the brief the company submitted appeared largely copied from previous filings and even referenced facts not present in N.L., Jr.’s case. This suggests that the company had paid little attention to preparing the document. Avondale did not provide new evidence or precedent that would lead the court to make a different decision this time, so the justices ruled in favor of Mr. N.L. Jr, allowing the case to go back to local courts.
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