Mesothelioma Lawsuit Defendant Seeks Federal Removal on Contractor Designation

There are still billions of dollars in trust funds created by companies who were linked to asbestos exposure and subsequent mesothelioma diagnoses in thousands of Americans. However, a designation of CBS Corporation, formerly Westinghouse, is seeking to remove a recent asbestos mesothelioma lawsuit to U.S. District Court in New Jersey.

Case law indicates that defendants may have a “colorable” government contractor defense to certain types of mesothelioma lawsuits. At the time of plaintiff Joseph R. Fuoco’s employment in the U.S. Navy during World War II, his estate alleges that he was exposed to the fibrous material as a course of his service to a degree that led to his diagnosis with a fatal form of lung cancer. The estate of Joseph R. Fuoco is seeking damages on counts of negligence, failure to warn and various defects among others.

In response to the allegations in the asbestos mesothelioma lawsuit, CBS alleges that the company manufactured marine turbines “pursuant to specifications sought and specifications” of the U.S. military, and specifically the Navy, for use in various types of ships. As a result, the company and its subsidiary Westinghouse allege that they were acting on behalf of the government even though the results may have led to asbestos exposure for civilian employees and members of the military.

It is important to note that while the petition for removal may contain allegations that will later form part of the defense for CBS Corporation regarding mesothelioma diagnoses like that of Fuoco, it is not binding on the parties. However, it is a similar defense used in drug side effects lawsuits and defective device cases in that the company alleges it was restricted in its ability to act independently due to government guidelines and policies as a government contractor.

The mesothelioma lawsuit is Josephine E. Fuoco, et al. v. 3M Company, et al., Case No. 13-cv-07054, U.S. District Court, District of New Jersey. 

Men and women who have come into contact with asbestos may also be eligible to seek damages based on the facts of their case. If you feel that you may have been diagnosed with mesothelioma as a result of a negligent company, get a free legal consultation at the Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation today. A mesothelioma lawsuit attorney will contact you regarding your potential case and help outline what steps you can take moving forward.