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Asbestos manufacturer may have immunity, says 7th Circuit

By: Pat Murphy, BridgeTower Media Newswires//December 5, 2012//

Asbestos manufacturer may have immunity, says 7th Circuit

By: Pat Murphy, BridgeTower Media Newswires//December 5, 2012//

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A manufacturer that supplied turbines to the U.S. Navy may be immune from a former seaman’s asbestos claims, the 7th Circuit has ruled in reversing judgment.

CBS’s predecessor-in-interest, Westinghouse, sold turbines to the U.S. Navy between 1946 and 1971. The plaintiff worked in Navy yards during those years, first as a seaman, and later as a civilian contractor. In 2012, the plaintiff filed a product liability suit against CBS in Illinois state court, alleging that he developed mesothelioma due to his exposure to asbestos in the Westinghouse turbines.

CBS removed the lawsuit to federal court under the federal officer removal statute, which permits removal of certain suits where a defendant that acted under a federal officer has a colorable federal defense.

The plaintiff argued that removal was improper because he only sued CBS for failing to warn about the dangers of asbestos, for which there is no federal defense.

The 7th Circuit disagreed, explaining “CBS’s relationship with [the plaintiff] arises solely out of CBS’s duties to the Navy. It also has a colorable argument for the government contractor defense, which immunizes government contractors when they supply products with specifications approved by the government.”

U.S. Court of Appeals, 7th Circuit. Ruppel v. CBS, No. 12-2236.

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