4th Circ. Brings Gov't Contractor Defense To Eastern Va.

By Bryan Koenig (November 1, 2016, 8:55 PM EDT) -- A Fourth Circuit panel issued a decision Tuesday upending long-standing Eastern Virginia precedent and bringing the federal court in line with most others by finding the "government contractor defense" could apply to keep in federal court a case accusing a Navy contractor of failing to warn a shipyard worker of asbestos risk.

U.S. District Judge Arenda L. Wright Allen was wrong to send the lawsuit against U.S. Navy contractor Foster Wheeler LLC back to state court where it had originally been filed in May 2014, the panel said, because the government contractor defense — which creates federal jurisdiction when a defendant...

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