La. Federal Judge Rejects Avondale’s Preemption Defense in Shipyard Worker’s Asbestos Case
September 22, 2023
NEW ORLEANS — A Louisiana federal judge has denied Huntington Ingalls Inc. (Avondale)’s motion for summary judgment in an asbestos case, ruling the claims are not preempted by the Longshore and Harbor Workers' Compensation Act.
On Sept. 8, Judge Darrel J. Papillion of the U.S. District Court for the Eastern District of Louisiana explained that because the plaintiffs’ claims are not covered by the Louisiana Workers’ Compensation Act, their only state-law remedy is a tort lawsuit and express preemption via the LHWCA does not apply.
Felton Robichaux, now deceased, alleged he worked as a land-based insulator and carpenter at Avondale …