Real-Time Court Decisions and Other Developments in Asbestos Litigation.
An in-person jury trial was recently held in Louisiana on the plaintiff’s negligence claims. After graduating high school, the plaintiff worked as a longshoreman from 1964 to 1968 at the Port of New Orleans. As part of his job, he unloaded burlap bags of raw asbestos. The plaintiff testified that the bags would frequently tear, … Continued
U.S. District Court for the Eastern District of Louisiana, October 14, 2020 This case arises out of plaintiff William Hulin, Sr.’s exposure to asbestos when he worked as a ship fitter, laborer, and tacker for Avondale from January 1954 to May 1973. In July 2019, the plaintiff was diagnosed with lung cancer. He sued a number … Continued
Court of Appeal of Louisiana, Fourth Circuit, September 23, 2020 By way of background, the plaintiffs argued that the court erred in entering a judgment following the trial in November 2018. Notably, the plaintiffs set forth that the jury’s verdict was based on inconsistent answers to interrogatories. In February 2019, the court denied the plaintiffs’ … Continued
U.S. District Court for the Eastern District of Louisiana, September 28, 2020 Plaintiffs Dorothy and CJ Mayfield filed an asbestos personal-injury lawsuit in Louisiana state court in April 2015, alleging Mr. Mayfield developed lung cancer as a result of his exposure to asbestos-containing products, including those manufactured by CertainTeed. Mr. and Mrs. Mayfield settled their … Continued
U.S. District Court for the Eastern District of Louisiana, September 21-23, 2020 In Asbestos Case Tracker’s third installment of the analysis of pre-trial motions in the Dempster v. Lamorak Insurance Co. matter, the U.S. District Court for the Eastern District of Louisiana has issued nine decisions on additional motions in limine filed by the defendants. By way of background, … Continued
U.S. District Court for the Eastern District of Louisiana, September 16, 2020 The U.S. District Court for the Eastern District of Louisiana has issued seven decisions on motions in limine filed by both plaintiffs and defendants in the Dempster v. Lamorak Insurance Co. matter, which has been closely followed by Asbestos Case Tracker. By way … Continued
U.S. District Court for the Eastern District of Louisiana, September 18, 2020 In this asbestos matter, plaintiff James Becnel contends that he developed lung cancer as a result of his work aboard a Navy vessel while employed at Avondale. The initial complaint was filed in the Civil District Court for the Parish of Orleans on … Continued
U.S. District Court, Eastern District of Louisiana, September 17, 2020 The instant matter has been extensively covered by the Asbestos Case Tracker blog. In addition to the myriad of other motions in limine filed, the plaintiffs filed a motion in limine to exclude questions or comments concerning collateral sources of income or payments. Multiple defendants opposed the motion. The defendants … Continued
U.S. District Court for the Eastern District of Louisiana, August 28, 2020 The state court matter of Paul Hotard was removed by a defendant to the U.S. District Court for the Eastern District of Louisiana on diversity grounds. The plaintiff filed a motion seeking to remand the matter to state court because, the plaintiff argued, the … Continued
In a case previously covered by Asbestos Case Tracker, the court granted plaintiff’s motion to remand after Avondale removed this case to federal court. In this instant matter, defendant Avondale again removed this case relying on the Fifth Circuit’s opinion in Latiolais v. Huntington Ingalls, Inc., a case in which it overturned the court’s prior … Continued