Louisiana - Page 20 of 21 - Goldberg Segalla

Category: Louisiana

December 28, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Louisiana

Case Against Crane Remanded to State Court Based on Lack of Evidence of the Exercise of Government Discretion Under the Federal Officer Removal Statute

In this case, the plaintiff alleged asbestos exposure from various sources, including from his time aboard Naval vessels during the Korean War. Defendant Crane removed the case to federal court pursuant to 28 U.S.C.1442(a)(1), the federal officer removal statute. The plaintiff moved to remand the case, arguing that Crane did not meet the standard to …

November 12, 2015 • Asbestos Case Tracker, Case Decisions, Louisiana

Co-Defendant’s Bankruptcy Filing Did Not Result In A “Certain and Final Dismissal” For Purposes Of Removal Under Diversity Jurisdiction

The plaintiff and his wife commenced this action in Louisiana state court, alleging that his mesothelioma was caused by his exposure to several asbestos-containing products, including products supplied by various Louisiana companies. At the time of commencement, diversity jurisdiction did not exist and the action was therefore not removable to federal court. Several defendants settled, …

October 20, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Louisiana

Merchant Mariner Plaintiffs’ Allegations Focusing on Vessel Operation — Instead of Vessel Design — Prohibited Removal Under Federal Officer Removal Statute

This is a consolidated case in which various plaintiffs alleged asbestos exposure while working as merchant mariners aboard many different vessels and employers. Each plaintiff also served on at least one Navy ship. The plaintiffs sued their former employers in Louisiana state court under the Jones Act and general maritime law. The defendants removed to …

September 11, 2015 • Asbestos Case Tracker, Case Decisions, Louisiana, Summary Judgment

Louisiana Federal Court Grants Three Defendants’ Summary Judgment Motions Due to Lack of Exposure

The plaintiff commenced this wrongful death mesothelioma case, alleging in part that his father was exposed to asbestos-containing products while in the U.S. Naval Reserve in the 1950s and 1960s. The defendants, GE, CBS, and Foster Wheeler, moved for summary judgment, arguing that the plaintiff’s evidence was insufficient to establish the decedent’s exposure to their …

August 10, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Louisiana

Plaintiffs’ Concession to Not Pursue Navy Exposure Results in Remand Under Federal Officer Removal Statute

In this case, the plaintiffs claimed that the decedent was exposed to asbestos in connection with force draft blowers manufactured by Carrier Corporation and another defendant while in the Navy on board the USS Edson. The plaintiffs moved to remand after Carrier removed the case based on federal officer jurisdiction under 28 U.S.C. 1442(a)(1). In …

August 4, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Louisiana, Tennessee

Another Jurisdictional Battle Results in Transfer of Venue from Tennessee to Louisiana In Asbestos Case

In this case, the plaintiff filed the lawsuit in United States District Court for the Middle District of Tennessee, Nashville Division, based on his residence. Seven of the defendants moved to dismiss for lack of personal jurisdiction, which caused the plaintiff to move for a transfer of venue to Louisiana. The court found that Louisiana had …

July 29, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Louisiana

Plaintiffs’ Replacement Expert’s Testimony Limited in Scope to That of Originally Disclosed Expert

In this case, the plaintiffs timely disclosed the expert report of Dr. Samuel Hammar in accordance with the case scheduling order. Subsequently, Dr. Hammar was unable to provide trial testimony due to health issues and the plaintiffs sought to replace Dr. Hammar’s report with reports from either Dr. Kraus or Dr. Kradin. The defendants did …

June 29, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Louisiana, Motions in Limine

Plaintiff’s Expert Industrial Hygienist Found to Be Qualified to Offer Testimony on Non-Specific Levels of Asbestos Exposure

In this federal court case, the decedent, Sally Gros Vedros, is alleged to have been exposed to asbestos from laundering her father’s work clothes during the time he worked as a welder at the Avondale shipyard from 1943 to 1976 and from her own work at Avondale in the purchasing department from 1960 to 1963. …

May 28, 2015 • Asbestos Case Tracker, Case Decisions, Louisiana, Summary Judgment

Several Automotive Parts Manufacturers and Tractor Manufacturer Granted Summary Judgment on Various Grounds

The plaintiffs in this federal court case alleged that the decedent, Douglas Hayes, died from mesothelioma as a result of his exposure to asbestos “while living on the family farm in the following ways: (1) secondary exposure from father’s clothing from birth to the late 1960s, (2) while working on three Case [CNH] tractors, (3) …

May 20, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Louisiana

Federal Court Remands Two Cases with Nexus to Naval Asbestos Exposure to State Court

In both of the following cases, the federal court remanded the actions back to state court. In the first action, the plaintiffs, the adult children of the decedent, alleged their father was exposed to asbestos while serving in the Navy as a boiler technician from 1960 to 1988. Several defendants moved to remove the case …