Louisiana Archives

Category: Louisiana

March 15, 2022 • Louisiana, Summary Judgment

Electric Product Manufacturer Successful on Summary Judgment After Court Finds No Evidence of Exposure to Defendant’s Products

U.S. District Court for the Eastern District of Louisiana, March 14, 2022 The plaintiff, Marsha Roussell, filed an asbestos-related lawsuit alleging that she was secondarily exposed to asbestos via work performed by her father, Asward Theriot, and her uncle, Tracy Theriot, which caused her to be diagnosed with mesothelioma. Plaintiff alleged her father and uncle … Continued

February 15, 2022 • Louisiana

Court Finds Coworker Testimony Sufficient as to Alleged Exposure to Third-Party Defendant’s Product

U.S. District Court for the Eastern District of Louisiana, February 11, 2022 The decedent died of mesothelioma caused by exposure to asbestos. The decedent’s husband allegedly exposed the decedent by wearing clothing covered in asbestos fibers from his work as a laborer and welder at Avondale. The decedent’s heirs filed suit against several defendants. Avondale asserted a … Continued

December 28, 2021 • Louisiana, Summary Judgment

Employer’s Motion for Partial Summary Judgment under Louisiana Workers’ Compensation Act is Denied

U.S. District Court for the Eastern District of Louisiana, December 20, 2021 The plaintiff filed suit alleging that he was diagnosed with mesothelioma as a result of exposure to asbestos spanning from the 1950s to 1980s, including take-home exposure from his father’s and brother’s work at Avondale Shipyards, personal exposure from his own work at … Continued

November 22, 2021 • Louisiana, Remand/Removal

Motion to Remand Granted as Plaintiff Did Not Voluntarily Abandon Claim During Closing Arguments

U.S. District Court for the Eastern District of Louisiana, November 18, 2021 In this asbestos action, the plaintiff Willard Masters commenced an action in Louisiana state court alleging negligence claims against several defendants following his development of mesothelioma. While the defendant Taylor-Seidenbach, Inc. is not diverse from Masters, the defendant Graybar Electric Company, Inc. is … Continued

November 12, 2021 • Louisiana, Summary Judgment

Railroad Employer’s Summary Judgment Motion Denied as Plaintiff’s FELA Claim Not Precluded

U.S. District Court for the Western District of Louisiana, November 10, 2021 In this asbestos action, plaintiff Dennis Bouck alleged that he developed mesothelioma as a result of repairing locomotives and locomotive parts while working for Kansas City Southern Railway Company (KCSR) from 1964 to 2007. The plaintiff commenced an action against KCSR, as well … Continued

November 4, 2021 • Louisiana, Take-Home Exposure

Plaintiff Cannot Sustain Loss of Consortium Claim Related to Own Alleged Injuries

U.S. District Court for the Eastern District of Louisiana, November 2, 2021 Plaintiff Ethel Sampey alleged that she was diagnosed with mesothelioma as a result of take-home exposure to asbestos from her uncle’s work at Avondale Shipyard from 1957 to 1965, and from her employment as a bartender at bars frequented by Avondale workers after … Continued

October 20, 2021 • Louisiana, Remand/Removal

Federal Officer Removal Upheld in Secondary Exposure Case

U.S. District Court for the Eastern District of Louisiana, October 18, 2021 The plaintiff, Reginald A. Hamilton, Jr., alleged that as a child in the 1960s and 1970s he frequented his grandmother’s restaurant, the Rail Restaurant, which was walking distance from Avondale’s Main Yard, and thus was often patronized by Avondale Shipyard workers, contractors, and … Continued

September 29, 2021 • Louisiana, Summary Judgment

Summary Judgment Granted, Court Requires Proof of “Significant” Exposure

U.S. District Court for the Eastern District of Louisiana Plaintiff Krutz filed suit inLouisiana state court on April 29, 2020, against a number of defendants, including Amchem, as a result of his alleged asbestos exposures. The case was removed to federal court on June 15, 2020. On Nov. 9, 2020, Krutz died, allegedly as a … Continued

September 27, 2021 • Louisiana, Maritime/Admiralty Law

Defendants’ MSJ Granted Based on Preemption by Longshore and Harbor Workers’ Compensation Act

U.S. District Court for the Eastern District of Louisiana, September 24, 2021 Plaintiff Ronald J. Barrosse filed a petition for damages in Civil District Court for the Parish of Orleans, Louisiana, against several defendants. The plaintiff alleged that he was exposed to asbestos and/or asbestos-containing products during the course of his employment at Avondale Industries, … Continued

Close up of Male lawyer or judge hand's striking the gavel on sounding block, working with Law books, report the case on table in modern office, Law and justice concept

August 27, 2021 • Federal Officer Removal, Louisiana, Remand/Removal

Motion to Remand Denied Under Federal Officer Removal Statute

U.S. District Court for the Eastern District of Louisiana, August 26, 2021 In this asbestos action, decedent Salvador Pennino alleged asbestos exposure from working at the Avondale Shipyards. A fact witness deposition took place on January 20, 2021, during which the deponent testified that he observed the decedent hanging ductwork on Lykes Lines vessels. Defendants … Continued