Employer’s Motion for Partial Summary Judgment under Louisiana Workers’ Compensation Act is Denied

U.S. District Court for the Eastern District of Louisiana, December 20, 2021

The plaintiff filed suit alleging that he was diagnosed with mesothelioma as a result of exposure to asbestos spanning from the 1950s to 1980s, including take-home exposure from his father’s and brother’s work at Avondale Shipyards, personal exposure from his own work at Avondale from 1969 to 1972, and person exposure from his work for the defendant, Pelnor, from 1974 to 1983.

Pelnor filed a motion for partial summary judgment arguing that the …

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Motion to Remand Granted as Plaintiff Did Not Voluntarily Abandon Claim During Closing Arguments

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

In this asbestos action, the plaintiff Willard Masters commenced an action in Louisiana state court alleging negligence claims against several defendants following his development of mesothelioma. While the defendant Taylor-Seidenbach, Inc. is not diverse from Masters, the defendant Graybar Electric Company, Inc. is a New York corporation with its principal place of business in Missouri. Trial commenced and counsel for all three above-referenced parties gave closing statements to the jury.

The day after …

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Railroad Employer’s Summary Judgment Motion Denied as Plaintiff’s FELA Claim Not Precluded

U.S. District Court for the Western District of Louisiana, November 10, 2021

In this asbestos action, plaintiff Dennis Bouck alleged that he developed mesothelioma as a result of repairing locomotives and locomotive parts while working for Kansas City Southern Railway Company (KCSR) from 1964 to 2007.

The plaintiff commenced an action against KCSR, as well as various product manufacturers. The court previously found that the Locomotive Inspection Act (LIA) preempted the plaintiff’s defective design and failure to warn state law claims against the product manufacturers. …

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Plaintiff Cannot Sustain Loss of Consortium Claim Related to Own Alleged Injuries

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

Plaintiff Ethel Sampey alleged that she was diagnosed with mesothelioma as a result of take-home exposure to asbestos from her uncle’s work at Avondale Shipyard from 1957 to 1965, and from her employment as a bartender at bars frequented by Avondale workers after their work in the shipyard from 1966 to 1979.

In her complaint she sought damages for, inter alia, loss of consortium, which includes “elements of loss of service, loss …

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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 …

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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 …

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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, …

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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 …

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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 …

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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 …

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