Legal Opinion

McIndoe v. Huntington Ingalls Inc.

Court of Appeals for the Ninth Circuit

Decided March 31, 2016No. Nos. 13-56762, 13-56764PublishedCited by 71 opinions

1Opinion of the Court

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether two naval warships are “products” for the purposes of strict products liability and whether a genuine issue of fact exists as to whether asbestos-containing materials originally installed upon such ships caused a decedent’s injuries.

I

In the 1960s, James Mclndoe served aboard two U.S. Naval ships which contained pipe insulation made from asbestos. From 1961-1963, he served aboard the USS Coral Sea, an aircraft carrier built by a predecessor in interest to Huntington Ingalls Inc. (Huntington) and commissioned in 1947. From 1966-1967, he…

2Cases cited12 opinions

  1. Cafasso v. General Dynamics C4 Systems, Inc.Court of Appeals for the Ninth Circuit · 2011
  2. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  3. John Colwell v. Robert BannisterCourt of Appeals for the Ninth Circuit · 2014
  4. Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
  5. Saratoga Fishing Co. v. J. M. Martinac & Co.Supreme Court of the United States · 1997

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3Cited by71 opinions

  1. William Stephens v. Union Pacific Railroad CompanyCourt of Appeals for the Ninth Circuit · 2019
  2. Friedman v. Live Nation Merchandise, Inc.Court of Appeals for the Ninth Circuit · 2016
  3. Krik v. Exxon Mobil Corp.Court of Appeals for the Seventh Circuit · 2017
  4. FTC v. Amg Capital Management, LLCCourt of Appeals for the Ninth Circuit · 2018
  5. Eonline Global, Inc. v. Google LLCDistrict Court, N.D. California · 2019

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