STORY FROM: Asbestos

La. Court Remands Asbestos Action, Says Avondale Didn’t Establish that U.S. Navy Had Control Over Safety Procedures

NEW ORLEANS –– A Louisiana federal court has remanded an asbestos lawsuit, finding that Avondale’s removal of the complaint is invalid in that the defendant failed to prove that the U.S. Navy had control over the company’s safety procedures during the time period in question.

In the Aug. 1 opinion, the U.S. District Court for the Eastern District of Louisiana pointed to 5th Circuit precedent in which the appellate court has held that a military contractor does not satisfy the causal nexus requirement unless the federal government has “some control over the contractor’s safety practices.”

The plaintiffs alleged in their ...

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