After being diagnosed with malignant mesothelioma, Nolan LeBoeuf, Jr., filed a personal injury lawsuit seeking compensation from Huntington Ingalls Incorporated, owner of the Avondale shipyards. Though the company attempted to remove the case to federal court based on having acted under an officer of the United States at the time, the U.S. District Court of the Eastern District of Louisiana granted the victim’s motion to deny the company the ability to use that defense or remove the case from the local jurisdiction.
Mesothelioma Victim Argues Against Shipyard’s Immunity Claim
In his original claim, Mr. LeBoeuf accused the shipyard of failing to educate and warn him about the dangers of asbestos dust, an omission which he says left him unprotected and vulnerable to the impact of exposure to the carcinogenic material. He asserts that his exposure occurred when he worked at the shipyard in the 1970s and 80s and when he visited his similarly exposed coworkers, and that the result was his diagnosis with the rare and fatal form of cancer.
In response, Avondale removed the lawsuit to federal court, asserting its right to do so because it had been acting under an officer of the United States at the time that the mesothelioma victim was exposed, and that it therefore is owed government contractor immunity. Mr. LeBoeuf filed a motion for summary judgment to stop the company from using this argument, and the court agreed that Avondale was not entitled to the proffered defense.
Court Grants Mesothelioma Victim’s Motion
In its review of both sides’ motions, the justices sided with the mesothelioma victim, noting that Avondale consistently offers the same arguments as have previously been rejected, apparently seeking a different outcome each time. In this instance, the court suggested that the opposition brief filed in the case is nearly verbatim to one filed previously and references facts not in evidence in Mr. LeBoeuf’s, intimating that little attention was paid to the most recent document preparation.
Noting that Avondale had not provided any new evidence or precedent that would lead them to deviate from their past rulings, the justices decided in Mr. LeBoeuf’s favor, allowing the case to be returned to the local courts.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. For more information, contact us today at 1-800-692-8608.
