‘Twilight Zone’ State Law Negligence Claims Preempted By LHWCA, Judge Says

Mealey's (September 28, 2021, 2:26 PM EDT) -- NEW ORLEANS — The pre-1972 version of the Longshore and Harbor Workers’ Compensation Act (LHWCA) applies to a man’s case, and the language and purpose of the statute’s exclusivity provision require the conclusion that it bars a “twilight zone” negligence action claiming that defendants failed to provide a worker with an asbestos-free workspace, a federal judge in Louisiana said Sept. 24 in granting summary judgment to defendants....