Louisiana Archives

Category: Louisiana

August 8, 2017 • Case Decisions, Louisiana, Remand/Removal

Remand Granted Where Defendant Failed to Show Government Exercised Control Over Warnings and Safety

Plaintiff Robert Templet, Sr. alleged asbestos exposure during his work for defendant Avondale Industries, Inc. The plaintiff was employed by Avondale from 1968-2002, and later developed malignant pleural mesothelioma. Defendants Avondale and Lamorak Insurance Company removed to federal court due to the federal officer removal statute. The plaintiff moved to remand. The court granted the … Continued

August 4, 2017 • Case Decisions, Damages, Louisiana, Take-Home Exposure, Verdict Reduction

Compressor Manufacturer’s Appeal Denied Based on Finding of Substantial Contribution to Decedent’s Disease

Myra Williams died on August 8, 2013 of complications from malignant mesothelioma. Plaintiff Jimmy Smith, along with his four children, filed suit against several defendants alleging that their products cause Myra’s mesothelioma. Smith alleged that he was exposed to asbestos fibers while working at the Placid Oil Facility in Natchitoches, Louisiana. Smith unknowingly brought fibers and … Continued

June 23, 2017 • Case Decisions, Federal Officer Jurisdiction, Federal Officer Removal, Louisiana

Federal Court Defines “Other Paper” in Removal Statute § 1446

The plaintiff filed a petition for damages in the 18th Judicial District Court for the Parish of Iberville on February 23, 2017, and named Avondale, among others, as a defendant. The plaintiff alleged he contracted mesothelioma during his employment with Avondale caused by “dangerously high levels of toxic substances, including asbestos and asbestos containing products, in … Continued

June 21, 2017 • Case Decisions, Federal Officer Jurisdiction, Louisiana, Remand/Removal

Timely Removed Take-Home Exposure Case Remanded for Failure to Establish Colorable Federal Defense

The plaintiffs filed suit against several defendants including Avondale alleging that their decedent, Ms. Blouin, contracted mesothelioma after washing the laundry of her husband’s work clothes. Victor Blouin worked as an electrician for Avondale onboard two government vessels from April 1972 until August 1972. The plaintiffs’ claims were brought in negligence and not for strict … Continued

May 25, 2017 • Case Decisions, Damages, Louisiana, Verdict Reduction

Louisiana Court of Appeal Finds $500K Jury Verdict Not Enough

Plaintiffs Frank Romano, Sr. and Lynne Rome Romano filed suit in the Civil District Court, Orleans Parish against a number of defendants on September 12, 2014, after Romano contracted mesothelioma allegedly caused from occupational asbestos exposure. For a brief background, Romano grew up in Marrero, Louisiana and lived about two blocks away from the Johns-Manville … Continued

May 24, 2017 • Case Decisions, Louisiana, Remand/Removal

Defendant Fails to Establish Improper Joinder in Mesothelioma Case; Remand Granted

Plaintiff Ronald Smith sued multiple defendants, including Honeywell, alleging he developed mesothelioma from occupational exposure to asbestos. Honeywell removed the case the United States District Court, arguing that the plaintiff only joined defendant Taylor-Seidenbach Inc. to defeat diversity. The plaintiff moved to remand. The case was originally set on an expedited trial date because of … Continued

March 15, 2017 • Case Decisions, Louisiana, Motion to Dismiss

Port Commission’s Motion to Dismiss for Lack of Subject Matter Jurisdiction Granted Where Plaintiff’s Work was Predominantly Land Based

Mr. Genusa developed mesothelioma as a result of his work as a longshoreman, truck loader, and warehouse worker from 1963-1999. Mr. Genusa passed away and a claim was paid by Baton Rouge Marine Contractors (BRMC) and Signal Mutual Indemnity under the Longshore and Harbor Worker’s Compensation Act. The plaintiffs instituted this action against 13 defendants … Continued

March 8, 2017 • Case Decisions, Choice of Law, Louisiana

Laws of Two States Applied to Two Different Issues

The plaintiff alleged the decedent, who died of mesothelioma, was exposed to asbestos while serving as an engineman, machinery repairman, and machinist mate in the U.S. Navy during the 1960s. Although the majority of the decedent’s exposure occurred on four ships, to which maritime law applied, the plaintiff also alleged exposure during the six months … Continued

March 8, 2017 • Bare Metal/Component Parts, Case Decisions, Louisiana, Summary Judgment

Summary Judgment Granted as to Two Defendants and Denied for Several Others in Bare Metal Defense Case

The plaintiffs brought this action against several defendants for their decedent’s alleged development of mesothelioma while working aboard ships as an engine man, machinery repairman, and machinist mate. The defendants moved for summary judgment again after the court announced it would not adopt the Sixth Circuit’s version of the bare metal defense. The court concluded … Continued

March 8, 2017 • Case Decisions, Expert Challenges, Louisiana, Motions in Limine

Daubert Challenges Result in Experts Being Allowed to Testify Regarding General Causation; Not Specific Causation

In this federal court case, it was alleged that the plaintiff’s decedent was exposed to asbestos while serving in various job duties while in the U.S. Navy during the 1960s. The plaintiff brought two Daubert motions seeking to preclude the defendants’ experts, Drs Michael Graham and Mark Taragin, from testifying. Dr. Graham is a forensic … Continued