Category: Louisiana

Court: United States District Court for the Eastern District of Louisiana

In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta from Westinghouse “as a component part of the composite wall and bulkhead panels it suppled to Avondale for use aboard ships.”

Defendant Paramount Global (Westinghouse) moved for partial summary judgment, arguing it had no duty to warn as defendant Hopeman was a sophisticated user and purchaser of Micarta. Westinghouse contends Hopeman was aware …

Court: United States District Court for the Eastern District of Louisiana

Defendant Hopeman Brothers Inc. moved for partial summary judgment with respect to plaintiffs’ claims of intentional tort, alter ego, and manufacturer strict liability.

In order to satisfy their intentional tort claim, plaintiffs must demonstrate that Hopeman “either consciously desired that plaintiff contract mesothelioma or knew that the result was substantially certain to follow from its conduct.” A substantial certainty is more than “knowingly permitting a hazardous work condition to exist.” The court concluded that …

Court: United States District Court for the Eastern District of Louisiana

In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana, reported most recently here, before the court were two motions for summary judgment: one filed by defendant Uniroyal Holdings Incorporated and another filed by defendant Foster Wheeler LLC.

First, regarding Uniroyal, plaintiffs provided evidence showing that Uniroyal cloth was regularly and frequently used by and around insulators working at Avondale Shipyard …

Court: United States District Court for the Eastern District of Louisiana

In this asbestos action, Felton Robichaux worked as an insulator and carpenter at Avondale Shipyard from 1961 to 1979, and alleges he was exposed to asbestos through his work, as well as through his contact with other employees at Avondale Shipyard. In 1991, Robichaux and thousands of other plaintiffs sued a number of defendants for asbestos-related injuries in In re Asbestos Plaintiffs v. Borden, which was filed in Orleans Parish Civil District Court (the …

Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit

In April 2018, Emily Everett complained to her primary care physician of severe abdominal swelling.  After extensive workup, Everett received a diagnosis of mesothelioma. She attributed the diagnosis to laundering her husband’s work clothes over a 20-year period when he worked as a journeyman welder and boilermaker. She filed a petition for damages in June 2018 prior to her passing in April 2019. In March 2022, several defendants including Foster Wheeler filed separate motions for summary judgment. Defendant Peter Kiewit Sons later …