Government Contractor's Defense Not Applicable to Failure to Warn Theory, Federal Judge Rules

SAN FRANCISCO ﷓ A defendant shipbuilder operating under the direction of the U.S. government when an alleged asbestos exposure occurred is prohibited from removing a lawsuit under the government contractor's defense where the plaintiff has not asserted a claim for design defect, a federal judge in California has ruled. Schilz v. A.P. Green Industries, Inc., et al., No. C01-4299 (N.D. Calif.).

Judge Maxine M. Chesney of the U.S. District Court for the Northern District of California said in a Jan. 15 opinion that because the defendant United States Steel (USS) failed to submit evidence that it was subject to any …