Ky. Court Rejects Efforts by Union Carbide to Use Military Contractor Defense Against Asbestos Claims

PADUCAH, Ky. –– Union Carbide Corp.’s motion for summary judgment on grounds that asbestos claims against it are precluded by the military contractor defense were denied by a Kentucky federal court, which found the evidence supporting the company’s motion “insufficient.”

In the April 23 opinion, the U.S. District Court for the Western District of Kentucky held that even if a government agency gave approval for activity at the plaintiff’s worksite, this fact alone does not invoke the military contractor defense.

The plaintiffs asserted the claims on behalf of Verdie Culp, who allegedly developed mesothelioma as a result of exposure …