For families in Westwego, the local shipyards were more than just workplaces—they were the center of the community. But for daughters like Mary Wilde, those shipyards left a tragic legacy. Mary was diagnosed with terminal mesothelioma from ‘take-home’ asbestos dust carried on her father’s clothes. When she sued for justice, the shipyard tried to use a federal loophole to move her case out of Louisiana state court. Here is how her family won a critical victory that keeps the power in the hands of Louisiana victims.
If you or a loved one were exposed to asbestos at a Westwego facility, visit our Louisiana Mesothelioma & Asbestos Lawyer page to learn how we hold shipyards accountable.
The Westwego Shipyard Legacy and Asbestos Exposure
The federal Fifth Circuit Court of Appeals (which governs Louisiana) recently ruled, reshowing the standard for keeping a lawsuit in the federal court, or taking it back to the state court. In 2013, Mary Wilde was diagnosed with terminal mesothelioma. She believed this was due to indirect exposure to asbestos through her father who had worked at a shipyard in the 1940s. As such she brought lawsuit against the current owner of that shipyard. There was evidence that during the time that her father had been employed for the shipyard, that yard had been used for the construction of ships for the federal government. Upon this knowledge, the company, Huntington, filed to remove the case to the federal district court, on the basis that the shipyard in question had acted under the order of a federal agent. Ms. Wilde filed a motion to remand and the district court agreed. In response, Huntington appealed to stay, or stop for a time, the remand order.
Beating the ‘Federal Officer’ Defense
The case went to the Fifth Circuit Court of Appeals in order to determine whether this lawsuit could have indeed been properly removed to federal court. In order to allow this, Huntington would have to prove that it or its predecessors had acted in the past upon federal orders and that these actions were what caused a plaintiff injury. The Fifth Circuit found that the shipyard had constructed ships for the federal government and so could be said to have acted under order from a federal agent. However, the company would have to prove the causation. Under Winters v. Diamond Shamrock Chemical Company, causation exists when toxic materials are used where the federal government both directs construction, including the use of materials that turn out to be toxic and provides these materials to be used in building. Winters v. Diamond Shamrock Chemical Co.
Why State Court is Often Better for Victims
While it could be proven that the federal government had directed the construction of ships in the yard, and had provided asbestos to be used, there was no evidence that Ms. Wilde’s father had actually been involved with the construction of the federal government’s ship. The Court of Appeals also found that Huntington would be unable to prove a federal defense as it did not have the evidence of the exact specifications that the federal government had required during the construction decades earlier. For these reasons, Huntington would not be able to support the removal petition, so the Fifth Circuit denied its petition to stay the remand.
This case shows that even though a claim may seem available in federal court, this may not be available to a given defendant. A defendant should be as sure as possible before taking the extra time and expense to fight a case’s being remanded to state court.
What This Means for Westwego Families
This ruling against Huntington Ingalls is a win for every worker in Jefferson Parish. It proves that companies cannot simply ‘claim’ they were acting for the government to escape Louisiana state laws. If you worked at the Westwego yards or lived with someone who did, your case belongs in front of a Louisiana jury. Don’t let a corporation’s legal maneuvers delay the compensation your family needs for medical bills and lost wages.
Additional Sources:MARY JANE WILDE V. HUNTINGTON INGALLS, INCORPORATED
Written by Berniard Law Firm Blog Writer: Ashley Weaver
Additional Berniard Law Firm Articles on Asbestos and Mesothelioma: Plaintiff’s Losses Some Claims in His Shreveport Asbestos Exposure Mesothelioma Lawsuit
UPDATE February 2026: Following recent landmark verdicts and the federal approval of MDL 3171, the Berniard Law Firm is now providing nationwide representation for Uber and Lyft sexual assault survivors. If you were harmed during a rideshare trip, click here to learn about your rights under the new 2026 legal standards.