Pizarro

INTRODUCTION

23 For the reasons stated on the record, all motions for summary judgment, with the 24 exceptions of National Steel and Shipbuilding Company (NASSCO) and Pep Boys – Manny, 25 Moe & Jack of California (Pep Boys), were DENIED. 26 For the reasons discussed below, motions by NASSCO and Pep Boys are GRANTED IN

PART AND DENIED IN PART.

ANALYSIS 1. NATIONAL STEEL AND SHIPBUILDING COMPANY. The parties agree that maritime law applies. NASSCO moves for summary judgment on the theory that, as a government contractor, it enjoys derivative immunity from asbestos- related liability. In the alternative, should material facts regarding its overhaul of the USS Bristol County remain in dispute, NASSCO moves for partial summary judgment as to plaintiffs’ premises owner claim for relief. Plaintiffs oppose all grounds for summary judgment. A. Government Contractor and Yearsley Immunity. The crux of the matter: whether NASSCO complied with Navy specifications and guidelines while overhauling the USS Bristol County. Defenses derived from a contractor’s business…