Louisiana - Page 16 of 21 - Goldberg Segalla

Category: Louisiana

January 25, 2018 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Plaintiff’s Motion to Remand to State Court Denied After Court Finds Federal Jurisdiction under the Outer Continental Shelf Lands Act

LOUISIANA — On June 16, 2017, plaintiff Federico Lopez filed suit against 15 defendants, claiming that his exposure to asbestos as a welder and pipefitter at numerous locations caused his mesothelioma. Defendants Shell Oil Company and Tennessee Gas Pipeline, LLC, removed the action, invoking federal subject matter jurisdiction pursuant to the Outer Continental Shelf Lands …

January 22, 2018 • Asbestos Case Tracker, Case Decisions, Federal Officer Removal, Louisiana

Remand Granted After Finding that Government Did Not Direct Safety Operations of Shipyard Defendant

LOUISIANA — The plaintiffs brought this action against several defendants including Huntington Ingalls (Ingalls) alleging that their decedent, Tyrone Melancon, was exposed to asbestos for which the defendants were liable. The plaintiffs asserted that Melancon developed mesothelioma from exposure to asbestos while working at the Avondale Shipyard from 1965-2002. Ingalls. along with others, removed the …

January 9, 2018 • Asbestos Case Tracker, Case Decisions, Louisiana, Statute of Limitations

Plaintiffs’ Asbestos-Related Claims Time-Barred Due to Prior Settlement Agreement

LOUISIANA — Plaintiffs-Appellants are the widow and surviving children of Raymond J. Lemieux, Sr.. Mr. Lemieux, Sr. worked for Johns-Manville in Marrero, Louisiana from 1956 to 1970 during which time he wore a respirator designed by American Optical, Defendant-Appellee. Raymond, Sr. developed asbestos-related lung cancer, which eventually caused his death in 2015; prior to his …

December 7, 2017 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Amended Complaint Deleting Federal Claims Does Not Destroy Jurisdiction Over a Validly Removed Case

LOUISIANA — This decision arises out of the court’s review of the plaintiffs’ motion to remand, and appellant’s motion for review of an order granting plaintiffs leave to amend their complaint. The shipyard worker plaintiff originally filed an action in state court naming numerous defendants. The initial petition included failure to warn and negligence claims …

October 17, 2017 • Asbestos Case Tracker, Case Decisions, Louisiana

Res Judicata Bars Plaintiff’s Mesothelioma Claim Against Prior Settled Defendant

LOUISIANA — The decedent filed an asbestosis lawsuit in 1991 against Owens-Illinois and other defendants. Owens-Illinois settled the claim for $4,000 as part of a group settlement. The Release Agreement stated that the decedent agreed to release the defendant from any cause of action arising out of the decedent’s asbestos-related injury, including mesothelioma, cancer, wrongful …

October 3, 2017 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Lack of Service on Forum Defendants Fails to Defeat Removal Due to Diversity Jurisdiction

LOUISIANA — The plaintiffs originally filed their petition in the Civil District Court for the Parish of Orleans, State of Louisiana, after William Leech died of mesothelioma. The plaintiffs were residents of Arizona and named numerous defendants, including three who were Louisiana residents. Nine days after the petition was filed, and before any other defendants were …

September 20, 2017 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Court’s Refusal to Exercise Supplemental Jurisdiction Over Dismissed Defendant Leads to Remand

LOUISIANA — The plaintiff filed this action against several defendants, including Industrial Development Corporation of South Africa, Limited (IDC), alleging he developed lung cancer from exposure to asbestos containing products for which the defendants were responsible. Immediately after the suit was filed, the plaintiff moved to dismiss claims against IDC. A co-defendant stevedoring company filed …

August 18, 2017 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Shipyard Fails to Show Nexus Required for Federal Jurisdiction

Plaintiff George K. Mayeaux alleged he suffered exposure to asbestos and asbestos-containing products that were manufactured, sold, installed, distributed, and/or supplied by a number of defendant companies while employed by defendant Avondale Industries, Inc. This matter was removed to the United States District Court for the Eastern District of Louisiana. The plaintiff filed a Motion …

August 8, 2017 • Asbestos Case Tracker, 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 …

August 4, 2017 • Asbestos Case Tracker, 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 …