After Ronald Marcella died of mesothelioma in October 2023, his family filed a lawsuit against Huntington Ingalls Incorporated (Avondale Shipyard), accusing the company of having failed to warn workers about asbestos dangers or implement safety precautions. Mr. Marcella had worked at the shipyard from 1962 to 1964, and Avondale responded to the claim in the same way it has many times before – by claiming it is entitled to federal immunity from personal injury lawsuits. When the family filed a petition to block this defense, a federal court granted their request, agreeing that the company is not entitled to use this defense.
Avondale’s Role in Thousands of Mesothelioma and Lung Cancer Deaths
Norma Marcella and her adult children filed a lawsuit alleging that Ronald Marcella’s mesothelioma was caused by occupational exposure to asbestos while working at Avondale’s shipyard, which is now owned by Huntington Ingalls Incorporated. Having been a major shipbuilding facility in Louisiana that constructed naval vessels for the U.S. government, Avondale is a frequent defendant in asbestos litigation due to extensive use of asbestos-containing materials that exposed thousands of workers to deadly fibers.
As it has in many previous mesothelioma lawsuits, Avondale attempted to apply two federal immunity defenses: The Boyle defense refers to a Supreme Court decision that provides “government contractor immunity” when a contractor follows government specifications for military equipment, while the Yearsley defense grants “derivative sovereign immunity” to contractors performing work authorized by the government. These defenses both argue that contractors cannot be held liable for following government directives, even if those directives resulted in harm.
Shipyard Uses Immunity Defense to Remove State Mesothelioma Claim to Federal Court
Claiming federal-officer jurisdiction, Avondale used both of these defenses as a basis to remove the Marcella’s mesothelioma claim from the Louisiana state court where it had been filed to federal court. The plaintiffs responded with a motion for partial summary judgment, pointing out that Avondale’s defense had been repeatedly denied in previous asbestos claims and arguing that the company’s immunity defenses should not apply to their claim either. In all cases, the accusation has been that Avondale failed to warn employees about asbestos dangers or implement safety measures to prevent asbestos dust from spreading.
In reviewing arguments from both sides in the mesothelioma claim, Judge Barry W. Ashe granted the family’s motion, finding that Avondale’s arguments were “substantially similar, if not nearly identical,” to unsuccessful arguments the company had made in previous cases throughout the Eastern District of Louisiana. The court cited multiple recent examples where judges had rejected Avondale’s attempts to use government immunity defenses against failure-to-warn and failure-to-implement-safety-measures claims. His ruling represents continued recognition by the courts that government contractors are responsible for protecting their employees from known workplace hazards, regardless of their relationship with federal agencies.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
