Author Archives: Gregory M. McNamee

Res Judicata Bars Plaintiff’s Mesothelioma Claim Against Prior Settled Defendant U.S. District Court for the Eastern District of Louisiana, October 13, 2017

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 death and survival claims. Seventeen years after executing the Release Agreement, the decedent was diagnosed with mesothelioma and eventually passed. His wife and children brought a second action against Owens-Illinois…

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Lack of Service on Forum Defendants Fails to Defeat Removal Due to Diversity Jurisdiction U.S. District Court for the Eastern District of Louisiana, September 30, 2017

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 served, defendant Honeywell International removed the action to federal court on the basis of diversity jurisdiction, which was uncontested. The decedent was a construction engineer who alleged asbestos exposure…

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