Premises Owner Obtains Summary Judgment Based on Lack of Vicarious, Strict, and Direct Liability

U.S. District Court for the Eastern District of Louisiana, July 6, 2020

In Lopez v. McDermott, Inc., pending in the U.S. District Court for the Eastern District of Louisiana, Exxon Mobil moved for summary judgment. In the operative complaint, the plaintiffs allege that Mr. Lopez (the plaintiff) was exposed to asbestos-containing products while employed as a welder/pipefitter at Kellogg Brown & Root between 1973 and 1986, which caused him to develop malignant mesothelioma. With regard to Exxon, the plaintiffs’ claims against them sounded in …

Continue Reading

Motion for Reconsideration on Removal in Shipyard Case Granted

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

The plaintiff, Patricia Jackson, alleges asbestos exposure while employed by Avondale Shipyard between 1970 and 1977. She further alleged asbestos exposure from father’s work clothing while he was employed by Avondale between 1962 and 1975. The plaintiff filed suit against numerous defendants including Huntington Ingalls Incorporated, Albert L. Bossier, Jr., and Lamorak Insurance Company (collectively, the Avondale defendants), Taylor Seidenbach, International Paper, Eagle, Inc., Liberty Mutual Insurance Company, and Hopeman Brothers, Inc. in state court. The case …

Continue Reading

Remand of Trailer Manufacturer’s Removal Granted Based on Lack of Diversity

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

The plaintiffs brought the instant action alleging that decedent John Brindell was exposed to asbestos-containing products during his employment for Puerto Rico Marine Management (PRMM) as a mechanic at the Port of New Orleans. The plaintiffs filed a petition in the Civil District Court for the Parish of Orleans against several defendants including Utility Trailer Manufacturing Company, Taylor-Seidenbach, Inc., Eagle Inc., and Eagle’s insurers-First State Insurance Company, and United States Fidelity and Guaranty Company.

Defendant Utility …

Continue Reading

Plaintiff’s Motion to Remand on Timeliness of Defendant’s Removal on Federal Officer Jurisdiction Denied

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

Plaintiff H. Francis alleged he was diagnosed with lung cancer as a result of his work as a rod clerk for Avondale Shipyards from 1973 to 1974. Mr. Francis was deposed on January 21, 2020 regarding these allegations, and Avondale received his deposition transcript on February 4, 2020. On March 24, 2020, Avondale filed a Notice of Removal, seeking to remove the case from Louisiana State court to the U.S. District Court for the Eastern District …

Continue Reading

Pump Manufacturer’s Partial Motion for Summary Judgment Denied Under Jones Act

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

The plaintiffs alleged that James T. McAllister (the decedent) was exposed to asbestos while working as a machinist mate aboard various vessels while serving in the United States Navy. The plaintiffs claim the decedent was exposed to asbestos from a variety of products including pumps manufactured by Nash while working in engine rooms on submarines. The decedent passed away from mesothelioma and his surviving spouse and sons seek damages for the decedent’s pre-death pain and suffering, …

Continue Reading

Louisiana District Court Denies Motion for a More Definite Statement in Negligence Case Against Premises Owner in Third-Party Exposure Case

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

The U.S. States District Court for the Eastern District of Louisiana issued another decision in the Hernandez v. Huntington Ingalls matter, involving claims of negligence against a premises owner on behalf of a third-party. As previously reported here, the plaintiff, Jesse Hernandez, alleged he was exposed to asbestos from, among other things, working at a family grocery store and deli from 1957 to 1966, where plant workers from a nearby Allied Chemical plant frequented for …

Continue Reading

Shipyard Owner’s Removal Deemed Timely Under Recent Fifth Circuit Decision

Plaintiff Robert Bourgeois II originally filed his lawsuit in the Civil District Court for the Parish of Orleans, State of Louisiana, alleging his exposure while employed at Avondale Shipyards caused him to develop mesothelioma. Defendant Avondale removed the case to the Eastern District of Louisiana; in response, the plaintiff filed the instant Motion for Remand.

The plaintiff asserted four arguments as to why remand is proper:

  1. Removal was untimely because Avondale learned of the case’s potentially removability when it received the transcript of Plaintiff’s May
Continue Reading

Louisiana District Court Permits Negligence Claim Against Premises Owner in Third-Party Exposure Case

U.S. District Court for the Eastern District of Louisiana, May 8, 2020

The plaintiff, Jesse Hernandez, alleged he was exposed to asbestos from, among other things, working at a family grocery store and deli from 1957 to 1966. Specifically, Mr. Hernandez alleged that plant workers from a nearby Allied Chemical plant came into the grocery store and deli for lunch with asbestos on their clothing, and he frequently had to clean surfaces where they ate lunch. Defendant Honeywell International, Inc. sued as the successor to …

Continue Reading

Louisiana District Court Grants Defendant’s Motion for Reconsideration, But Orders Re-Filing

U.S. District Court for the Eastern District of Louisiana, May 6, 2020

The plaintiff’s decedent, Callen L. Dempster, was allegedly exposed to asbestos-containing products while employed at the Avondale Shipyards from 1962 to 1994. Before the case was removed to federal court, the state court denied the defendant, General Electric Company, motion to bar the plaintiff’s claims based upon res judicata, and to dismiss the plaintiff’s survival claim and the decedent’s wrongful death claim. Once the case was venued in federal court, General Electric sought …

Continue Reading

Louisiana District Court Denies Summary Judgment on Plaintiffs’ Intentional Tort, Fraud, and Concealment Claims

U.S. District Court for the Eastern District of Louisiana, April 27, 2020

The plaintiffs alleged the decedent, Callen L. Dempster was exposed to asbestos and asbestos-containing products while employed at the Avondale Shipyards from 1962 to 1994. Defendant Huntington Ingalls Incorporation (f/k/a Avondale Shipyards, Inc.) (Avondale) moved for partial summary judgment on the plaintiffs’ intentional tort, fraud, and concealment claims, arguing the plaintiffs could not show that Avondale either consciously desired the decedent contract lung cancer, or knew that his lung cancer was substantially certain …

Continue Reading