Donn v. A.W. Chesterton Co.
2012 U.S. Dist. LEXIS 11757
E.D. Pa.2012Background
- Plaintiff Alan Donn, a former US Navy serviceman, sues private contractors for asbestos-related injuries from Navy shipboard exposure.
- Defendants CBS Corporation and General Electric supplied asbestos-containing turbine components designed for Navy vessels.
- Turbines were designed to use asbestos and were built under Navy contracts.
- Plaintiff alleges Defendants knew of asbestos dangers and failed to warn.
- Court denies Defendants’ Rule 12(b)(1) dismissal motions on preemption and political-question grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether state tort claims are field-preempted | Donn argues field preemption due to pervasive federal defense regulation | Defendants contend field preemption via Boyle framework | Not preempted; field preemption rejected |
| Whether state claims are conflict-preempted | Donn contends conflicts with federal war-power regime are absent | Defendants rely on Boyle and Saleh to show conflict preemption | Not preempted; conflict preemption rejected |
| Whether the case presents a non-justiciable political question | Plaintiff asserts ordinary tort dispute between private parties | Defendants argue naval policy and warnings are non-justiciable | Justiciable; political-question doctrine does not apply |
| Whether the government-contractor defense applies to preclude claims | Plaintiff seeks to avoid Boyle defense applicability | Defendants rely on Boyle’s three-prong test for government-contractor immunity | Boyle governs; court declines to extend to field of asbestos warnings in this context |
Key Cases Cited
- Boyle v. United Techs. Corp., 487 U.S. 500 (1988) (government contractor defense in military procurement; field involves balancing federal interests; three-prong test for contractor immunity)
- Baker v. Carr, 369 U.S. 186 (1962) (six Baker factors for political-question justiciability)
- Crosby v. Nat'l Foreign Trade Council, 530 U.S. 363 (2000) (field preemption considerations in foreign-relations context; preemption not automatic)
- United States v. Locke, 529 U.S. 89 (2000) (presumption against field preemption; balancing federal and state interests)
- Am. Ins. Ass’n v. Garamendi, 539 U.S. 396 (2003) (foreign-relations context; limitations on preemption in traditionally state-governed areas)