Louisiana Archives - Asbestos Case Tracker

Plaintiffs Win Appeal Regarding Ambiguous Language In Insurance Policy On Bodily Injury

Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit

Mr. May died from Mesothelioma and the plaintiffs filed a wrongful death and survival action alleging the decedent was exposed to asbestos while working as a Stevedore between the mid-1960s and through the 1970s. One of the defendants sued was the decedent’s past employer, Louisiana Stevedores , Inc. Liberty and Employers National Insurance Co. (“ENIC”) insured the company for workers’ compensation and employer’s liability. LIGA assumed statutory obligation for ENIC after it became insolvent.

In their answers, …

May 19, 2025 Louisiana / Removal

Posted by: Susan R. Allen-Robbins

Court Denies Plaintiff’s Motion to Remand Shipyard Case to State Court

Jurisdiction: Louisiana Eastern District Court

Plaintiff Nolan J. LeBoeuf worked at the Avondale Shipyard in Westwego, La. for several years during the 1970s and 1980s. He also frequently visited coworkers on his days off during his employment. Plaintiff alleged that asbestos exposure from the shipyard caused his mesothelioma. Specifically, plaintiff asserted that Avondale failed to educate and warn him of the dangers of asbestos during his employment.

Plaintiff filed this action in Louisiana State Court and alleged Avondale was negligent in failing to warn, disclose, or protect …

October 9, 2024 Expert Testimony / Louisiana

Posted by: Anthony I. Perchiacca

Plaintiffs’ Motion in Limine to Exclude Defendants’ Expert Denied

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

This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict liability claims against several defendants. Mr. Sentilles specifically claimed having asbestos exposure due to, among other things, working at various Navy shipyards involving insulation, asbestos blankets, and other related products from the 1950s to the 1980s. Plaintiff further claimed that he was diagnosed with mesothelioma as a result of the asbestos exposure on October 27, 2020.

Defendants …

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October 4, 2024 Louisiana / Summary Judgment

Posted by: Susan R. Allen-Robbins

Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

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

Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against several defendants, including Avondale. Plaintiff alleged his illness was the result of asbestos exposure from the 1950s to the 1980s. More specifically, he alleged take-home exposure from his father and brother during their employment at Avondale, and from direct exposure from his own employment at Avondale.

Avondale filed three motions for partial summary judgment …

September 30, 2024 Expert Challenges / Louisiana

Posted by: Anthony I. Perchiacca

Plaintiffs’ Appeal to Reverse Defendants’ Daubert Motion In Limine was Granted

Court of Appeal of Louisiana, Fourth Circuit

In this action, plaintiff Climmie Craft filed suit in this matter asserting that she contracted asbestos-related lung cancer as a consequence of her take-home exposure to asbestos while laundering the asbestos-contaminated clothing of her husband, Jerry Craft. Mrs. Craft alleges that her husband was exposed to asbestos while employed by various stevedoring companies, including the defendants. Mr. Craft died from asbestos-related mesothelioma. To demonstrate that her household exposure to asbestos and her husband’s workplace exposure to asbestos were …

September 10, 2024 Asbestos Exposure / Louisiana / Motion to Remand

Posted by: Anthony I. Perchiacca

Court Rejects Motion to Remand Asbestos Exposure Case to State Court

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

Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state court. Defendants Huntington Ingalls Inc. (Avondale), Hopeman Brothers Inc. and other defendants opposed the motion to which LaGrange filed a reply.

LaGrange claimed to have contracted mesothelioma as a result of asbestos exposure by laundering her husband’s work clothes. Her husband, Allen C. LaGrange, was allegedly exposed to asbestos while working as …

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February 23, 2024 Louisiana / Summary Judgment

Posted by: Elizabeth Lautenbach Adams

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 …

January 25, 2024 Louisiana / Summary Judgment

Posted by: Asbestos Case Tracker

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 …

January 25, 2024 Louisiana / Motion to Prevent Government Contractor Defense

Posted by: Nicole Caspers

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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October 4, 2023 Louisiana / Summary Judgment

Posted by: Kerry L. Jones

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 …