Jury Verdict Upheld Against Boiler Defendant Court of Appeal of Louisiana, Second Circuit, May 22, 2019

LOUISIANA — Lynda Berry alleged that she was exposed to asbestos through the electrical work of her husband, William, at a Louisiana paper mill, causing her peritoneal mesothelioma. William Berry testified that he was present when defendant Foster Wheeler removed and replaced asbestos insulation materials on their boilers, which were installed in the paper mill. The matter was tried before a jury who determined that Foster Wheeler was liable for the plaintiff’s injuries, and assessed a final award of $2.25 million against them. Foster Wheeler…
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Plaintiff’s Future Medical Award Reinstated Against Defendant Stevedore Company Based on Strength of Evidence Presented Court of Appeal of Louisiana, Fourth Circuit, May 8, 2019

LOUISIANA — The plaintiff Jerry Craft (plaintiff) filed suit against multiple stevedore companies, alleging that his work as a longshoreman on the New Orleans riverfront from 1953 until 1989 exposed him to asbestos that caused him to develop mesothelioma. Multiple other stevedore companies for which the plaintiff worked settled out of court, were dismissed from the litigation, or did not appear in the litigation at all. The defendant Ports America Gulfport, Inc. (defendant) pursued litigation, and went to trial. The jury was given a special…
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Summary Judgment Granted in Secondary Exposure Case United States District Court, E.D. Louisiana., April 18, 2019

LOUISIANA – The plaintiffs, the children of Theresa Rodrigue (Ms. Rodrigue), allege their mother was secondarily exposure to asbestos contained in products manufactured by multiple product manufacturers (defendants) who moved for summary judgment, respectively, when Ms. Rodrigue washed the clothing of her brother, a rigger in a shipyard. The court granted the defendants summary judgment on the basis that the evidence in the record was insufficient with respect to an essential element of the plaintiffs’ claims. Consequently, since no genuine factual dispute existed, summary judgment…
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Fifth Circuit Affirms Remand of Shipyard Case U.S. Court of Appeals for the Fifth Circuit, March 11, 2019

LOUISIANA — The plaintiff James Latiolas, filed suit in Louisiana State Court alleging asbestos exposure while working at the Avondale shipyard. The plaintiff only asserted a negligence claim against Avondale and Avondale removed the case on the basis of the federal officer defense. The plaintiff filed a motion to remand, which was granted. On appeal, the fifth circuit affirmed. The evidence previously gathered in other cases demonstrated that Avondale built and refurbished naval vessels based on the Navy’s specifications and under the their supervision. However,…
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Trial Postponed In Mesothelioma Case To Allow Discovery on Premises and Employer Liability Claims U.S. District Court, E.D. Louisiana February 20, 2019

LOUISIANA — The plaintiff Victor Michel alleged that he developed peritoneal mesothelioma from exposure to asbestos in his work as a mechanic performing work on engines and brakes. Ford Motor Company is the only remaining defendant in this matter. The court ruled on motions by the plaintiff and Ford, and ultimately continued the trial. After learning that Ford may have owned the dealership at which the plaintiff worked, the plaintiff moved the court to amend their complaint to add premises claims, employer liability claims, and…
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Trial Court Did Not Abuse Discretion in Granting Plaintiff’s Motion to Dismiss Without Prejudice Prior to Ruling on Defendant’s Summary Judgment Court of Appeal of Louisiana, Fourth Circuit, February 6, 2019

LOUISIANA — The plaintiff James Sizemore filed suit in Louisiana State Court against multiple defendants, alleging that his diagnosis of mesothelioma was caused by exposure to asbestos while working as a welder, pipefitter, and boilermaker at numerous industrial facilities. The plaintiff’s alleged exposure to certain defendants products occurred exclusively in South Carolina, and those defendants moved for dismissal for lack of personal jurisdiction or forum non conveniens. In response, The plaintiff dismissed those defendants and filed a companion suit in South Carolina.  Viking Pumps…
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Exclusion of the Plaintiff’s Causation Experts Leads to Grant of Summary Judgment in Merchant Marine Mesothelioma Matter U.S.District Court, E.D. Louisiana, February 05, 2019

LOUISIANA — The plaintiff filed suit against multiple defendants alleging he developed mesothelioma while working for Radcliff Materials, a predecessor of Dravo Basic Materials Company (DBMC). Prior to filing suit in Louisiana, The plaintiff had filed a products liability suit against several defendants in California including DBMC. The plaintiff dismissed DBMC from the California suit based on jurisdictional issues. The plaintiff worked as an oiler onboard a dredge known as the Avocet in 1973 for approximately 6 weeks. His primary job duties included reading gauges,…
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Three Experts’ Opinions Deemed Reliable and Relevant Under Daubert Standard United States District Court, E.D. Louisiana, January 7, 2019

LOUISIANA — The defendants Ford and Cummins filed motions in limine to exclude or limit the expert testimony of the plaintiffs’ experts Dr. Brent Staggs, Dr. Murray Finkelstein, and Christopher Depasquale. The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator service technician caused him to contract peritoneal mesothelioma. Under Daubert, the district court “is to act as a gatekeeper to ensure that ‘any and all scientific testimony or…
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Louisiana Case Remanded Due to Lack of Causal Nexus Between Defendants’ Actions Under Color of Federal Office and Plaintiff’s Negligence Claims United States District Court, E.D. Louisiana, January 7, 2019

LOUISIANA — The plaintiff Callen Dempster filed suit against multiple defendants, alleging that he was exposed to asbestos and asbestos-containing products while employed by Avondale Industries, Inc. (Avondale) from 1962-1994.  The plaintiff originally filed suit in the Civil District Court for the Parish of Orleans, State of Louisiana, on March 14, 2018.  On June 21, 2018, the defendants Huntington Ingalls Incorporated, Albert Bossier, Jr., J. Melton Garret, and Lamorak Insurance Company (the Avondale Interests) removed the case to the eastern district under the Federal Officer…
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Defendants’ Joint Motion for Summary Judgment Failed Due to Unresolved Issues of Material Fact United States District Court, E.D. Louisiana, January 7, 2019

LOUISIANA — The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator service technician caused him to contract peritoneal mesothelioma. The defendants removed the action to the Eastern District of Louisiana, and Ford and Cummins Inc. filed a joint motion for summary judgment, arguing that the plaintiff could not show that their products substantially contributed to Michel’s mesothelioma.  Plaintiff opposed the motion. The defendants argued jointly that they were entitled…
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