Louisiana Archives

Category: Louisiana

August 28, 2018 • Appeal, Louisiana

Failure to Certify Involuntary Dismissals Under Rule 54(b) Leads to No Federal Appellate Jurisdiction

LOUISIANA –The decedent Frank Williams allegedly contracted mesothelioma through asbestos exposure while working at the NASA Michoud Assembly Facility (MAF). Lockheed Martin removed to federal court under the federal officer removal statute. The case was transferred to the Asbestos MDL, after which decedent’s children were substituted as the plaintiffs. The Asbestos MDL court issued various orders, … Continued

August 2, 2018 • Louisiana, Remand/Removal

Case Remanded to State Court as Shipyard Defendant Fails to Show Causal

LOUISIANA — The plaintiff Terry Brady alleged that his lung cancer was caused by exposure to asbestos while working aboard U.S. Navy vessels from 1968-1989. During the plaintiff’s time aboard the USS Robert A. Owens, the ship docked at a shipyard operated by defendant Avondale Shipyards. The plaintiff filed this matter in state court, alleging that … Continued

July 27, 2018 • Louisiana, Remand/Removal

Bankruptcy Status of Louisiana Defendant Does Not Provide Grounds For Removal

LOUISIANA — The plaintiff filed suit against multiple defendants alleging that he contracted mesothelioma as a result of exposure to asbestos products at various worksites from 1960-1979. The plaintiff initially filed suit against 20 defendants in the Civil District Court for the Parish of Orleans. On July 23, 2018 Defendants Union Carbide Corporation and Bayer … Continued

July 19, 2018 • Louisiana, Pipeline

What’s a Significant Impact? Fifth Circuit Rules Pipeline Can Go Forward

In the latest development in the eternal struggle between environmental groups and hydrocarbon pipeline developers, the Fifth Circuit recently discarded an injunction that was preventing construction of a pipeline through the Atchafalaya Basin, home of the country’s largest river swamp. The pipeline is meant to connect the controversial Dakota Access pipeline to refineries and export … Continued

June 13, 2018 • Case Decisions, Federal Officer Jurisdiction, Federal Officer Removal, Louisiana

Federal Officer Removal Statute Found Inapplicable in Negligence Claim Against Shipyard Defendant; Remand Granted

LOUISIANA – The plaintiff, Gregory Brown brought this action against several defendants including Avondale Shipyard (Avondale) claiming that he developed lung cancer from exposure to asbestos while working for Avondale at its shipyard on and off from 1967-1971. Specifically, Mr. Brown worked as a cleanup man, tacker, and insulator helper. He also claimed exposure to asbestos … Continued

May 21, 2018 • Case Decisions, Louisiana, Remand/Removal

Talc Case Remanded as Defendant Fails to Establish Improper Joinder

LOUISIANA — The plaintiff, Marilyn Rousseau, sued defendants Johnson & Johnson (J&J) and K&B Louisiana Corporation (d/b/a Rite Aid Corporation), among others, claiming that her mesothelioma was caused in part by her use of their allegedly asbestos-contaminated talc products. Plaintiff, who was a Louisiana citizen, originally brought the suit in state court in Orleans Parish. J&J removed … Continued

May 7, 2018 • Case Decisions, Federal Officer Removal, Louisiana, Remand/Removal

Lack of Causal Nexus Leads to Grant of Remand Against Shipyard Defendant

LOUISIANA — The plaintiff filed suit against several Defendants including Avondale Shipyards. James Latiolais allegedly developed mesothelioma from his work as a machinist onboard the USS Tappahannock. Avondale removed the case after the plaintiff’s deposition concluded. The removal was made pursuant to Federal Officer Removal Statute, 28 U.S.C. § 1442 (a)(1). The plaintiff moved to … Continued

May 4, 2018 • Case Decisions, Louisiana, Remand/Removal

Failure to Adopt Safety Measures is Private Conduct That Implicates No Federal Interest

LOUISIANA — Several former employees of Huntington Ingalls, including Robert Templet, brought suit in Louisiana state court, alleging that the company failed to warn them of the risks of asbestos exposure and failed to implement proper safety procedures for handling asbestos. Templet worked for Huntington Ingalls from 1968 to 2002 and alleged his handling of … Continued

May 3, 2018 • Case Decisions, Louisiana, Summary Judgment

Employer and its Insurer Granted Summary Judgment Due to Longshore and Harbor Workers’ Compensation Act Exclusivity

LOUISIANA — The plaintiff sued his employer and its insurance company alleging that he developed lung cancer as a result of exposure to asbestos while working as a pipefitter for Huntington Ingalls at the Avondale Shipyard. Defendants moved for summary judgment arguing that plaintiff’s claims against them are subject to the exclusivity of the Longshore … Continued

April 12, 2018 • Case Decisions, Federal Officer Jurisdiction, Louisiana, Remand/Removal

Cases Remanded After Court Determines Defendant Shipbuilder Controlled Safety Procedures

LOUISIANA — The Eastern District of Louisiana granted motions to remand in two separate mesothelioma cases arising out of alleged exposure to asbestos through work for defendant Avondale Industries, Inc., a shipbuilder for the United States Navy. Each plaintiff originally filed their actions in state court, alleging that Avondale failed to warn of the hazards … Continued