Motion for Summary Judgment Denied under Sophisticated User and Purchaser Doctrine

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 …

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Motion for Partial Summary Judgment of Shipyard Subcontractor Granted

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 …

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Plaintiff’s Motion for Partial Summary Judgment to Prevent Government Contractor Defense Granted

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

In the case of Matherne v. Huntington Ingalls Inc., plaintiffs moved for partial summary judgment regarding the Avondale Interests’ government contractor defense.

Plaintiff decedent Roseanna Matherne was diagnosed with mesothelioma, which she alleged resulted from secondhand exposure to asbestos via her husband’s work clothes that she laundered. Mrs. Matherne’s husband worked at Avondale Shipyard from 1965 to 1983. During his employment, Mr. Matherne worked on U.S. Coast Guard Cutters and Lykes, States, LASH, …

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Summary Judgment Denied as to Cloth and Boiler Manufacturers in Robichaux Mesothelioma Matter

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 …

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Shipyard Defendant Receives Split Rulings on Motions in Robichaux Mesothelioma Matter

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 in limine, one filed by plaintiff and one by defendant, Avondale.

First, plaintiffs moved to exclude factual testimony provided by Avondale’s witness Danny Joyce. Plaintiffs argue that Joyce’s testimony was not based on personal knowledge and, as such, Joyce …

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Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

United States District Court for the Eastern District of Louisiana

In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of defendants alleging he was exposed to asbestos from products he worked with as an insulator and carpenter at Avondale Shipyard from 1961 to 1979.

In addition to his own employment at Avondale Shipyard, plaintiffs allege Robichaux was also secondarily exposed through contact with his brother, Junior Robichaux, who worked at …

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Shipyard Defendant Obtains Summary Judgment Due to Prior Release

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 …

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Jury Award of $36 Million Affirmed against Contractor

Court: Court of Appeal of Louisiana, Fourth Circuit

In this asbestos action, plaintiff William Walker alleged asbestos exposure from working as a pipefitter and welder for Level 3 Holdings Inc. f/k/a Peter Kiewit & Sons, Co. (“Level 3”) from 1967 until 1970. During this time, he worked at the Union Carbide Plant, Waterford I, and Waterford II. This case proceeded to trial in May 2022 where the jury found for the plaintiff and awarded damages in the amount of over $36 million dollars. In July …

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Court Denies, in Part, Plaintiffs’ Appeal of Summary Judgment for Various Defendants

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 …

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Defendant’s motion to quash plaintiff’s requests for admission of fact in maritime case granted

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

In January 2019, Harry F. Marsh filed an action in Louisiana State Court alleging asbestos exposure while aboard various merchant marine vessels. He alleged Lykes owned and/or operated a number of such vessels. He further alleged Lykes’ insurer, Continental Insurance Company, was liable for the former’s negligence in failing to warn, prevent, or otherwise exercise reasonable care with regard to the use of asbestos. Continental successfully removed the matter to federal court under federal officer jurisdiction. Mr. Marsh …

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