Avondale Cannot Assert Government Contractor Defense in Take-Home Asbestos Case, La. Federal Judge Rules

NEW ORLEANS — A Louisiana federal judge has awarded a plaintiff partial summary judgment on a government contractor defense asserted by Huntington Ingalls Inc. (“Avondale”) in a take-home asbestos case, ruling it is unavailable because the alleged negligence occurred “wholly outside” the contracts between the company and the government.

In an Oct. 13 order, Judge Carl J. Barbier explained that the contracts did not specify how asbestos should be used and stored, therefore Avondale is not shielded from the plaintiff’s claims for failure-to-warn and failure to prevent the spread of asbestos.

Ruby Lee Marie Falgout alleged she contracted mesothelioma …