Mesothelioma widow Linda Horton has won a second victory over General Electric, this time from the U.S. Court of Appeals for the Sixth Circuit. The appellate judges affirmed a lower court’s decision to allow her late husband’s asbestos claim to be sent back to Kentucky state court. Though GE had hoped that the case could be heard in federal court so that it could defend itself as a government contractor, this latest court ruling puts an end to the company’s removal efforts.
Mesothelioma Traced to Asbestos at Kentucky Millwright Jobsite
Barney Horton, Jr., died of mesothelioma after having spent more than a decade working as a millwright at General Electric’s Appliance Park facility in Louisville, Kentucky, where he was exposed to asbestos-containing equipment. He was diagnosed with mesothelioma in May of 2024, and he and his wife filed a personal injury claim against GE and other companies in Jefferson Circuit Court in their state. During court proceedings, GE learned Mr. Horton had also served in the U.S. Navy from 1968 to 1972 aboard a ship containing GE marine turbines, and this discovery prompted the company to ask for the case to be removed to federal court so it could raise a government-contractor defense tied to the victim’s service.
A great deal of the legal process surrounding mesothelioma revolves around exactly where the victim’s asbestos exposure occurred. In the face of GE’s request for the case to move to federal court, the Hortons’ legal team adjusted its original complaint to specifically waive any claims that might have arisen from her husband’s Navy service or from exposure aboard military vessels. A federal district court agreed that this waiver eliminated GE’s basis for a government-contractor defense and ordered the case returned to state court.
Appellate Court Upholds Mesothelioma Decision
Despite the mesothelioma widow having waived her claims to any compensation due her as a result of her husband’s work on Navy ships, GE continued pursuing its argument. After a lower court sided with Mrs. Horton and ordered the case back to state court, the company appealed the remand to the Sixth Circuit, which rejected GE’s position on two fronts. First, the court noted that the company had waited too long to challenge the amended complaint’s effect on jurisdiction, and then it asserted that GE couldn’t show a genuine connection between its conduct in Kentucky and any of its federally directed military work. The court also pointed out that Mr. Horton’s alleged exposure occurred at different times and locations, making the question of exactly where he’d been exposed a matter for the state courts to decide.
Mesothelioma victims and their families frequently prefer to have their claims heard in state courts, where trial dates tend to move faster and where evidence can be easier to obtain. The Sixth Circuit’s decision preserves that local access for the Horton family, demonstrating that major companies like GE can’t automatically have their cases moved to federal court once a victim’s claims tied to military service have been clearly and permanently waived.
If you or someone you love has been diagnosed with mesothelioma after having been exposed to asbestos, it is important that you work with people experienced in asbestos exposure issues. For help, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608 to learn more.
