La. Court Says Avondale Can’t Use Government Contractor Defense Against State Law Failure-to-Warn Claims in Asbestos Suit

NEW ORLEANS –– A Louisiana federal court has weighed in on Avondale Shipyard’s use of the government contractor defense in an asbestos case, concluding that the defendant cannot use it against the plaintiffs’ state law failure-to-warn claims since the company had presented “no evidence that any government discretion was exercised in connection with warnings by Avondale to its employees….”

In the Nov. 22 opinion, the U.S. District Court for the Eastern District of Louisiana found no grounds that would permit government contractor immunity to extend to Avondale for the plaintiffs’ failure-to-warn claims.

In the same opinion, the court did rule, …