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.
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