Government Contractor, Sophisticated User Defenses Rejected by MDL Judge

PHILADELPHIA - Defendant Foster Wheeler cannot assert the government contractor or sophisticated user defenses in response to allegations that a Navy serviceman was exposed to asbestos contained in the company's boilers, a federal judge has ruled. Grammer, et al. v. Advocate Mines Ltd., et al., No. 09-92425 (E.D. Pa.).

Federal Asbestos MDL Judge Eduardo C. Robreno of the U.S. District Court for the Eastern District of Pennsylvania ruled Dec. 2 that evidence presented by the plaintiff questioning whether the Navy approved precise specifications for the boilers or that it was aware of the hazards posed by asbestos preclude an award …