Strict Liability Claims Tip Asbestos Case Removal

Claims alleging strict liability for government-mandated use of asbestos at a Louisiana shipyard may form the basis for federal jurisdiction despite the proper remand to state courts of related negligence claims, the Fifth Circuit ruled Mar. 22 (Savoie v. Huntington Ingalls, Inc., 2016 BL 87883, 5th Cir., 15-30514, 3/22/16).

The strict liability claims of the widow of Joseph Savoie, who died of mesothelioma after working at Avondale Shipyard from 1948 to 1996, are sufficient to show a “causal nexus” between the claims and the shipyard’s actions under color of federal authority, the court said.

The court ...