Louisiana Archives

Category: Louisiana

February 6, 2019 • Expert Challenges, Louisiana, Maritime/Admiralty Law, Summary Judgment

Exclusion of the Plaintiff’s Causation Experts Leads to Grant of Summary Judgment in Merchant Marine Mesothelioma Matter

LOUISIANA — The plaintiff filed suit against multiple defendants alleging he developed mesothelioma while working for Radcliff Materials, a predecessor of Dravo Basic Materials Company (DBMC). Prior to filing suit in Louisiana, The plaintiff had filed a products liability suit against several defendants in California including DBMC. The plaintiff dismissed DBMC from the California suit … Continued

January 8, 2019 • Expert Challenges, Louisiana

Three Experts’ Opinions Deemed Reliable and Relevant Under Daubert Standard

LOUISIANA — The defendants Ford and Cummins filed motions in limine to exclude or limit the expert testimony of the plaintiffs’ experts Dr. Brent Staggs, Dr. Murray Finkelstein, and Christopher Depasquale. The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator … Continued

January 8, 2019 • Louisiana, Remand/Removal

Louisiana Case Remanded Due to Lack of Causal Nexus Between Defendants’ Actions Under Color of Federal Office and Plaintiff’s Negligence Claims

LOUISIANA — The plaintiff Callen Dempster filed suit against multiple defendants, alleging that he was exposed to asbestos and asbestos-containing products while employed by Avondale Industries, Inc. (Avondale) from 1962-1994. The plaintiff originally filed suit in the Civil District Court for the Parish of Orleans, State of Louisiana, on March 14, 2018. On June 21, … Continued

January 8, 2019 • Louisiana, Summary Judgment

Defendants’ Joint Motion for Summary Judgment Failed Due to Unresolved Issues of Material Fact

LOUISIANA — The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator service technician caused him to contract peritoneal mesothelioma. The defendants removed the action to the Eastern District of Louisiana, and Ford and Cummins Inc. filed a joint motion … Continued

December 31, 2018 • Expert Challenges, Louisiana

Plaintiff’s Experts Precluded for Untimely Disclosure

LOUISIANA — The plaintiff Victor Michel (plaintiff) initially filed suit in state court on July 28, 2017, alleging asbestos exposure as a result of his work as a mechanic and generator service technician from 1965-2005. The defendants removed the case to federal court on May 8, 2018. After the case was removed to federal court, … Continued

December 5, 2018 • Louisiana, Summary Judgment

Prescriptive Statute of Limitation Period Leads to Grant of Summary Judgment in Favor of Shipyard Defendant

LOUISIANA –The plaintiff filed suit against several defendants including Huntington Ingalls (Avondale) and Kaiser Gypsum (Kaiser) alleging her mother, Dolores Punch, developed and passed from mesothelioma as a result of exposure to asbestos for which the defendants were liable. Specifically, the plaintiff alleged that her decedent was exposed to asbestos fibers from washing the laundry … Continued

October 11, 2018 • Louisiana, Other Asbestos News

Welding Contractor Must Indemnify Premises Owner for Exposures to its Own Employee

LOUISIANA — Wayne Bourgeois worked as a welder from 1989 to 1994 at Chevron Chemical (Chevron) in Belle Chasse, Louisiana. His employer was J.E. Merit, a predecessor to Defendant Jacobs Field Services North America, Inc. (Jacobs). As part of their contract to provide maintenance for the Chevron plant, including welders, Jacobs agreed to indemnify Chevron against loss, … Continued

September 26, 2018 • Federal Officer Jurisdiction, Federal Officer Removal, Louisiana

Remand Granted After Shipyard Defendant Fails to Establish Causal Nexus Required By Federal Officer Removal Statute

LOUISIANA — The plaintiffs filed this action against many defendants including Huntington Ingalls (Avondale) alleging their decedent contracted mesothelioma as a result of exposure to asbestos while working at Avondale Shipyard from 1964-1972. Avondale removed the case asserting Federal Officer Removal Statute. The plaintiff moved to remand arguing that Avondale could not satisfy the elements … Continued

September 26, 2018 • Federal Officer Jurisdiction, Louisiana

Elements for Removal Found Under Federal Officer Jurisdiction in Take-Home Mesothelioma Case

LOUISIANA — The plaintiff filed suit against several defendants including Kaiser Aluminum (Kaiser) and Huntington Ingalls (Avondale) alleging her mother, Dolores Punch, contracted mesothelioma from exposure to asbestos while washing the work clothes of her husband and son. Mr. Punch worked as a pipefitter and welder at Avondale Shipyard from 1948-1960 and at Kaiser Aluminum … Continued

August 30, 2018 • Louisiana, Remand/Removal

Proper Removal Based Upon Diversity Jurisdiction When Clearly No Case Against Non-Diverse Defendant

LOUISIANA — The plaintiff Victor Michel filed a personal injury suit in Louisiana state court alleging that his mesothelioma was caused by exposure to asbestos during his work as a parts delivery driver, truck mechanic, and generator service technician. The defendant Cummins, Inc. removed the matter to federal court after receiving a deposition transcript of plaintiff … Continued