Home

Foley, Baron & Metzger Sets Precedent: Governmental Contractor Defense Not Limited to Military Contractors
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

A leading Detroit area law firm, Foley, Baron & Metzger, PLLC, recently set a new precedent regarding federal jurisdiction based on the governmental contractor defense. According to today’s press release at PR Newswire, the ruling established the governmental contractor defense is not limited to military contractor.

Foley represented MIS Corporation (MIS), an environmental remediation contractor, which had been hired by the Federal Aviation Administration (FAA) to remediate mold contaminating the Detroit Metropolitan Wayne County Airport Air Traffic Control Tower (DTW-ATCT).

Several DTW air traffic controllers employed by the FAA claimed they had become ill from exposure to toxic mold. When they filed lawsuits against the FAA, they were dismissed due to workers’ compensation protection for the government.

  
What
Where


Following the dismissal, the air traffic controllers sued MIS and other mold and environmental consultants in Wayne County Circuit Court, alleging MIS and other defendants were negligent in proper elimination of mold in the air traffic control tower.

FBM attorneys Richard S. Baron and Brian H. Phinney removed the lawsuit to the U.S. District Court for the Eastern District of Michigan on the grounds MIS was a federal contractor and therefore was entitled to present its defenses in a federal forum. FBM also filed a motion to dismiss, claiming MIS was contracted by the FAA and conducted work in accordance with detailed directives, and it owed no separate and distinct duty to the plaintiffs. The District Court agreed and dismissed the lawsuit following the Michigan Supreme Court’s ruling in Fultz v. Union-Commerce Associates.

The plaintiffs appealed these rulings in the Sixth Circuit Court of Appeals. The Sixth Circuit held MIS was entitled to rely on the governmental contractor defense.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Richard Baron of Foley, Baron & Metzger, PLLC, was quoted as saying: “Companies that provide products and services to the federal government should be able to defend themselves in federal court. This ruling has broad implications for manufacturers, distributors and consultants doing business with the federal government.”

Foley, Baron & Metzger, PLLC, headquartered in the Detroit, Ann Arbor, Michigan area, is a broad-service law firm providing environmental, products and corporate legal services throughout the United States.





 

RELEVANT JOBS

Associate Attorney - Litigation

USA-NJ-Moorestown

O’Brien, Belland & Bushinsky is seeking motivated attorneys for multiple associate positions w...

Apply now

Associate

USA-CO-Longmont

Northern Colorado civil litigation firm looking to add additional associate to its fast-paced and gr...

Apply now

Estate Planning Associate

USA-MA-Sudbury

Are you a driven, detail-oriented go-getter with 1-2 years of estate planning experience? Can you na...

Apply now

Experienced Attorney - Supervising Attorney

USA-SC-Greenville

Overview We are seeking a dedicated and experienced Attorney to join our dynamic legal team. The ...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Education Law Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with ...

Apply Now

Education Law Attorney

USA-CA-Carlsbad

Carlsbad office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with 4-...

Apply Now

Education Law and Public Entity Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law and public ent...

Apply Now

SEARCH IN ARCHIVE

To Top