STORY FROM: Asbestos
La. Court Remands Asbestos Case, Says Removing Defendant Failed to Prove Government Control
January 14, 2019
NEW ORLEANS –– A Louisiana federal court has remanded an asbestos case, contending that the removing defendants have failed to produce evidence that the U.S. Government prevented Avondale from taking protective measures to prevent asbestos exposure or exercised control over safety procedures or safety department.
In the Jan. 7 opinion, the U.S. District Court for the Eastern District of Louisiana concluded that “Avondale has not demonstrated that its own discretionary decisions to allegedly fail to warn or protect Plaintiff from the dangers of asbestos while Plaintiff was employed by Avondale resulted from or are ‘related to’ its actions under ...