Many veterans and shipyard workers assume that anyone who built equipment for the Navy is untouchable in court. That belief is understandable, because a federal defense does exist. But it is narrow. The defendant must prove it, and courts have rejected it in some Louisiana asbestos cases.
What the Defense Requires
The government contractor defense comes from Boyle v. United Technologies Corp., where the U.S. Supreme Court recognized a federal defense for military equipment design defects. A contractor must show that:
- The government approved specific, detailed design requirements
- The equipment met those requirements
- The contractor disclosed known hazards the government did not know about
Selling to the military does not automatically create immunity. Warning claims also stand on a different footing.
In Kerstetter v. Pacific Scientific Co., the Fifth Circuit discussed a modified defense for failure-to-warn claims, asking whether the government exercised discretion and approved the warnings, whether the contractor’s warnings matched, and whether it disclosed dangers it knew about. Following design specifications may therefore leave a separate warning claim unanswered.
Removal Is Not the Same as Winning
A contractor sued in state court may ask to shift the case into a federal forum under a federal law covering suits tied to government work. That request arose in Latiolais v. Huntington Ingalls, Inc., which involved a Navy machinist who developed mesothelioma after exposure during repairs at Avondale Shipyard. The full Fifth Circuit allowed the move because Avondale raised a plausible federal defense, but it did not rule that Avondale was immune.
Courts also ask who controlled the challenged decision. In Constanza v. Sparta Insurance Co., the Eastern District of Louisiana granted partial summary judgment against Avondale on its contractor defenses to failure-to-warn and workplace-protection claims, finding insufficient evidence that the government directed or approved those choices. The ruling turned on particular claims and evidence, so it does not settle liability or damages in other cases.
Preserve Your Work and Exposure Records
Do not assume a claim is impossible because the exposure involved military vessels or government contracts. Former workers should keep:
- Employment records and ship assignments
- Any available product information
- Medical records connecting the exposure to the disease
Pourciau Law Firm can investigate the equipment involved, identify potential manufacturers and contractors, and examine whether the government actually controlled the decisions being challenged. If you or a loved one faces an asbestos-related illness, contact us or call 504-305-2375.