Author Archives: Scott J. McDowell

Federal Court of Appeals Remands Case for Determination of Colorable Federal Defenses Alleged by Shipyard U.S. District Court of Appeals for the Fifth Circuit

In this case, the plaintiffs’ decedent claimed exposure to asbestos containing thermal insulation while working at the Avondale Shipyard in Louisiana as laborer and painter from 1948-1996. The shipyard at issued worked on contracts for the federal government. The defendants removed the case under federal officer removal and took the position that removal was proper since the government, through Navy inspectors, was involved in the building of the ships and had control of safety issues during construction. The plaintiffs, on the other hand, argued that…

Continue Reading....