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On November 20, 2023, the NAM also filed an amicus brief asking the 9th Circuit to reverse a trial court’s decision limiting the application of the government contractor defense to state law claims. In this case, the plaintiffs brought wrongful death claims against Viacom under federal maritime law. They allege that the decedent developed mesothelioma from exposure to equipment on a U.S. Naval vessel manufactured by Viacom’s predecessor while serving in the Navy. Viacom moved to dismiss the claims as barred by the government contractor defense—applicable to contractors who provide products to the federal government that meet the government’s specifications—but the trial court denied the motion. The trial court concluded that the defense applied to bar state, not federal, claims. Thereafter, the 9th Circuit granted Viacom’s request to review the trial court’s decision on interlocutory appeal.

We argue in our amicus brief that the federal government contractor defense is an extension of the federal government’s sovereign immunity. The defense allows government contractors to receive the benefits of sovereign immunity when a contractor complies with the specifications of a federal government contract. The defense applies equally to state and federal claims. All government contractors have an interest in broad immunity to prevent them from facing liability for an alleged violation of law when they carry out the government’s objectives.