Federal Officer Removal Upheld in Secondary Exposure Case

U.S. District Court for the Eastern District of Louisiana, October 18, 2021

The plaintiff, Reginald A. Hamilton, Jr., alleged that as a child in the 1960s and 1970s he frequented his grandmother’s restaurant, the Rail Restaurant, which was walking distance from Avondale’s Main Yard, and thus was often patronized by Avondale Shipyard workers, contractors, and employees, and by military personnel. Mr. Hamilton alleged that throughout this time, he was exposed daily (or near daily) to asbestos dust brought into the restaurant by these patrons, and …

Continue Reading

Summary Judgment Granted, Court Requires Proof of “Significant” Exposure

U.S. District Court for the Eastern District of Louisiana

Plaintiff Krutz filed suit inLouisiana state court on April 29, 2020, against a number of defendants, including Amchem, as a result of his alleged asbestos exposures. The case was removed to federal court on June 15, 2020. On Nov. 9, 2020, Krutz died, allegedly as a result of mesothelioma. During his deposition, Krutz testified that he began working for the Avondale Shipyard in 1968 as an interior communications electrician. He testified that during his forty-year career …

Continue Reading

Defendants’ MSJ Granted Based on Preemption by Longshore and Harbor Workers’ Compensation Act

U.S. District Court for the Eastern District of Louisiana, September 24, 2021

Plaintiff Ronald J. Barrosse filed a petition for damages in Civil District Court for the Parish of Orleans, Louisiana, against several defendants. The plaintiff alleged that he was exposed to asbestos and/or asbestos-containing products during the course of his employment at Avondale Industries, Inc., and Union Carbide between 1969 and 1979, and that such products were produced, installed, removed, maintained, sold, and distributed by the defendants. The plaintiff testified that during his employment, …

Continue Reading

Motion to Remand Denied Under Federal Officer Removal Statute

U.S. District Court for the Eastern District of Louisiana, August 26, 2021

In this asbestos action, decedent Salvador Pennino alleged asbestos exposure from working at the Avondale Shipyards. A fact witness deposition took place on January 20, 2021, during which the deponent testified that he observed the decedent hanging ductwork on Lykes Lines vessels. Defendants received the deposition transcript on January 29, 2021, and subsequently filed a Notice of Removal on February 19, 2021. Thereafter, the plaintiffs filed a Motion to Remand, arguing that the …

Continue Reading

Parish of Orleans Jury Renders Over $8 Million Dollar Verdict for Plaintiff After Three-Week Trial

Civil District Court for the Parish of Orleans, Louisiana, August 12, 2021

In this matter, Steven “Joe” Aaron Sr. alleged causes of action of negligence and strict liability against defendant Ford. Aaron alleged exposure from asbestos-containing brakes and clutches associated with Ford vehicles while working as a gas station and school bus mechanic in the 1960s and 1970s. Aaron was diagnosed with mesothelioma over one year ago. Following a three-week trial before Judge Ethel Simms Julien, the jury found for Aaron on both counts and …

Continue Reading

Louisiana Court Maintains Personal Jurisdiction over Foreign Successor Corporation

Court of Appeal of Louisiana, Second Circuit, August 11, 2021

From 1953 to 1954, the decedent, Charles Hayes, was employed as a laborer and assistant operator at a variety of plants in Louisiana. In 2017, Hayes and his family filed suit against multiple defendants, alleging that Hayes was exposed to asbestos while working with insulation, gaskets, and packing materials at these plants. Hayes was diagnosed with mesothelioma in 2016, and passed away in 2018.

One of the plants where Hayes alleged exposure to asbestos was …

Continue Reading

Wallboard Manufacturer Denied Summary Judgment Due to Issue of Fact

U.S. District Court for the Eastern District of Louisiana, August 2, 2021

In August 2019, plaintiff Patricia Jackson brought a lawsuit for asbestos exposure in Orleans Parish Civil District Court against a number of defendants. On March 25, 2020, the case was removed to the U.S. District Court for the Eastern District of Louisiana by the Avondale defendants following the United States Court of Appeals for the Fifth Circuit’s decision in Latiolais v. Huntington Ingalls, Inc., which held that removal under section 1442(a) is …

Continue Reading

Federal District Court for the Eastern District of Louisiana Grants Motion to Stay as to All Parties Where Insurer for Certain Defendants Declared Insolvent

U.S. District Court for the Eastern District of Louisiana, July 15, 2021

In an action by the plaintiff, former employee of a shipyard, for injuries related to asbestos inhalation and subsequent mesothelioma, the shipyard’s insurer moved to stay all proceedings due to the insurer’s being placed into liquidation in the Commonwealth Court of Pennsylvania as a result of insolvency.

Bedivere Insurance Company, which included by merger Lamorak—the insurer for the several defendants in the action—was declared insolvent and placed in liquidation in March 2021. The …

Continue Reading

Pre-Discovery Motion for Summary Judgment Denied in Shipyard Case

U.S. District Court for the Eastern District of Louisiana, July 12, 2021

The plaintiffs alleged that the decedent, Raymond Hutchins, was exposed to asbestos while working aboard vessels owned by his employer, Lykes Bros. Steamship Company, from 1964 to 2006. Specifically, the plaintiffs alleged that Hutchins was exposed to asbestos from dockside repair work performed by the defendant, Dixie Machine Welding & Metal Works, Inc. (Dixie Machine). In support of this contention, the plaintiffs argued that Lykes Bros. was Dixie Machine’s largest customer from the …

Continue Reading

Federal Officer Removal Upheld for Employer Steam Ship Company

U.S. District Court for the Eastern District of Louisiana, May 17, 2021

The plaintiffs alleged that the decedent, Raymond Hutchins, Jr. was exposed to asbestos while working aboard vessels owned and operated by his employer, Lykes Brothers Steamship Company from 1964 to 2006. Specifically, the plaintiffs alleged that Mr. Hutchins worked aboard several vessels built by Avondale Shipyard pursuant to its contracts with the United States Maritime Administration. The plaintiffs filed their suit in state court, and Huntington Ingalls, as successor to Avondale, removed the …

Continue Reading