Louisiana Mesothelioma Lawsuit Moved Back to State Court After Court Rejects Avondale Shipyard’s Defense

For purposes of this article, the mesothelioma victim in this case will be referred to as D.C. Sr.

In a recent court case, a Louisiana man, D.C. Sr., who was diagnosed with mesothelioma, a rare but aggressive type of cancer that is caused by asbestos exposure, in mid-2024, was allowed to proceed with his case against his previous employer in state court, despite efforts to remove the case to federal court. After D.C. Sr. was diagnosed with mesothelioma, he filed a lawsuit in Louisiana state court seeking compensation for his damages from multiple companies. Among the companies he named in his lawsuit was Avondale Shipyards, where he worked for almost two decades, in the 60s and 70s. The defendant tried to remove the case from state to federal court using the “government contractor immunity” defense, but this defense failed, resulting in the case being returned to the Louisiana state court.

Avondale Shipyards argued that its construction of vessels for the U.S. Navy during the time of D.C. Sr. granted it immunity from liability. The defendant said that it was following military orders, which it argued limited its ability to warn workers about asbestos exposure. However, D.C. Sr. and his legal team challenged Avondale’s argument. Mr. C filed a motion for summary judgment in federal court, asking the court to stop the company from using this defense, noting the numerous times the company had unsuccessfully tried to use the defense.

This is not the first case in which Avondale Shipyards is named as a defendant. Avondale has been named in thousands of lawsuits filed by mesothelioma victims and their families who blame the company for failing to warn about the dangers of asbestos and provide proper protective equipment or training. And this is not the first case where the defendant tried to argue that it is entitled to immunity based on its government contractor role. Avondale has consistently brought up this argument, and courts have repeatedly rejected it after the plaintiffs successfully pointed out that the defendant had failed to produce any evidence that the government had instructed it not to warn workers or take protective measures against asbestos exposure.

After reviewing the case, the U.S. District Court for the Eastern District of Louisiana sided with D.C. Sr. and approved the motion. The court determined that D.C. Sr.’s claims did not challenge the decisions or instructions of the federal government, but instead focused on Avondale’s obligation to protect its workers. The court threw out the “government contractor immunity” defense and allowed the case to proceed in state court.

The decision in this case sends a strong message to companies that they cannot easily evade liability by hiding behind the government contractor defense. It is also a reminder to mesothelioma victims and their families not to give up pursuing justice, even after many years.

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