Louisiana Asbestos Tort Case Not Preempted By LHWCA, 5th Circuit Says

Mealey's ( June 14, 2023, 12:30 PM EDT) -- NEW ORLEANS — A state law asbestos tort action falling into the “twilight zone” of concurrent jurisdiction under the Longshore Harbor Workers’ Compensation Act (LHWCA) is not preempted, the Fifth Circuit U.S. Court of Appeals said, noting the unique circumstance of a case where a man lacked any workers’ compensation claim under Louisiana law....