Additional Discovery Ordered to Determine Location of Exposure in Facility Defendant’s Personal Jurisdiction Challenge U.S. District Court E.D. of Louisiana, June 21, 2019

LOUISIANA — The plaintiff, Frederico Lopez, filed suit against the defendants, alleging he developed mesothelioma from exposure to asbestos while working as a gasket cutter for Lamons Gasket Company from 1971-1973 and as a pipefitter for Kellogg Brown and Root (KBR) from 1973-1986. Lopez passed away on November 9, 2017. The plaintiffs amended their complaint to include ConocoPhillips (Conoco) as a defendant. The amended complaint claimed that Lopez was “exposed to asbestos during his work for KBR at premises/sites owned and/or operated by…ConocoPhillips, as successor…
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Shipyard Defendant Obtains Summary Judgment as to Whether Certain Prior Asbestosis Releases Apply to Future Mesothelioma Claim U.S. District Court, E.D. Louisiana, June 10, 2019

LOUISIANA – The family of Joseph Savoie, Jr. filed suit against multiple defendants alleging he passed away from mesothelioma as a result of exposure to asbestos while working at Avondale Shipyards from 1948-1995. Savoie was originally diagnosed with asbestosis in 1990 and settled with several defendants. Years later, he developed mesothelioma. Avondale sought summary judgment on the issue of whether the plaintiff released his future claim for mesothelioma with respect to eight entities with whom he previously settled in his asbestosis action. Avondale’s reasoning for…
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Court of Appeals of New York Rejects Argument that Coke Ovens Are not Products For Purposes of Strict Liability Court of Appeals of New York, June 11, 2019

NEW YORK – The plaintiff, Donald Terwilliger, brought an asbestos suit against multiple defendants. The complaint included a count that Honeywell, as successor in interest to the Wilputte Coke Oven Division of the Allied Chemical Corporation (Honeywell), was strictly liable for emissions coming from its coke ovens at Bethlehem Steel’s Lackawanna Plant in New York. Specifically, Terwilliger alleged that he was exposed to the coke oven emissions while working as a lid man from 1966-1993. He passed away from lung cancer in 2012. At the…
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Motion to Remand or Sever Claims Ruled Premature U.S. District Court. for the Eastern District of Louisiana May 31, 2019

LOUISIANA – In March 2017, the plaintiffs filed a lawsuit alleging that decedent, Wayne Knight, who developed mesothelioma as a result of exposure to asbestos while employed by Avondale Shipyard from 1967 to 1982. Avondale removed the case in October 2018, pursuant to the federal officer removal statute. The plaintiffs then filed a motion to sever claims and remand. Pursuant to the federal officer removal statute, removal is proper if a defendant can establish four elements:
  1. That it is a person within the meaning of
…
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Plaintiffs’ Claims Against Employer Barred Under Workers’ Compensation Grounds; May Plead Alternative Premises Liability Claims United States District Court, E.D. Louisiana, May 23, 2019

LOUISIANA – The plaintiff, Victor Michel, filed a lawsuit in state court in July 2017, alleging that his work as a mechanic exposed him to asbestos which caused him to develop peritoneal mesothelioma. The case was removed to federal court on May 8, 2018 and the plaintiff passed away five days later. The court substituted his survivors as the plaintiffs on July 10, 2018, and as of January 25, 2019, Ford Motor Co. was the only remaining defendant. On February 20, 2019, the…
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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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