When mesothelioma victims or their survivors pursue legal action against asbestos companies, they generally file their claims in local courts where the injury occurred. Many of these companies attempt to remove the action to federal court, especially if the claim has a link to a government contract. In a recently filed claim, the family of a California pipefitter and steamfitter successfully had their claim returned to state court despite the arguments of the asbestos companies they’d named as defendants.
Shipbuilding Company Argues Mesothelioma Claim Involves Military Contracts
Because shipbuilding relied heavily on asbestos in the years between the 1930s and 1980s, many of those diagnosed with malignant mesothelioma were exposed while working in shipyards and on vessels. Pipefitter and steamfitter David L. Dunlavey worked for University Mechanical and National Steel and Shipbuilding Company (NASSCO) from 1967 to 2006. After his death in June, his estate and heirs filed a wrongful death suit against the company, citing multiple negligence, contractor liability, and vicarious liability claims.
In response, NASSCO removed the mesothelioma lawsuit to federal court, arguing that they were entitled to do so under the federal-officer and federal question removal statutes, which provide government contractor immunity. While the company argued that their use of negligence was protected under the statute, the victim’s family argued that the statute did not apply to negligence. They also argued that there was no evidence that Dunlavey’s work involved any military vessels and that the federal removal statute did not apply.
Judge Returns Mesothelioma Claim to Local Court
Though U.S. District Judge Michael W. Fitzgerald disagreed with the mesothelioma victim’s family’s assertion that negligence does not apply to the government contractor defense, he agreed with them that the evidence that NASSCO presented to prove that he’d worked on military vessels — an email discussing a confidential settlement — was ambiguous and did not indicate his present on any specific ship, and therefore there was not sufficient to warrant removability. The case will be returned to the Superior Court of Los Angeles.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can provide you with the guidance and resources you need. Contact us today at 1-800-692-8608 to learn more.