Category: Louisiana

Case Decisions / Federal Officer Removal / Louisiana / Remand/Removal
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Affidavits Used in Other Cases Enough to Establish Removal Under Federal Officer Jurisdiction

The plaintiff brought a wrongful death lawsuit after her husband died of mesothelioma, alleging asbestos exposure during her husband’s service in the Navy. Originally filed in Madison County, Illinois, defendant Crane Co. removed on the basis of the federal officer removal statute. The plaintiff filed a motion to remand, arguing that Crane waived its right to remove by first filing a motion to dismiss in state court, and that Crane failed to establish federal subject matter jurisdiction. The court denied the plaintiff’s motion.

Regarding waiver …

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Case Decisions / Louisiana
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Defendant Dismissed for Lack of Personal Jurisdiction

Plaintiffs Breck Williams and Tarsi Williams, the children of decedent Frank Williams, filed this suit in Louisiana state court on June 2, 2016, after Frank Williams contracted mesothelioma and died as a result of alleged asbestos exposure. The plaintiffs allege their father’s exposure was caused by, among other defendants, Fiat S.p.A. for the installation, use, and maintenance of the injury-causing asbestos and sought damages under Louisiana law.

Fiat filed a motion to dismiss, challenging both the court’s personal jurisdiction over it and the sufficiency of …

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Case Decisions / Louisiana / Maritime/Admiralty Law
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Plaintiffs’ Dismissal with Prejudice of Claims Against Defendant Rendered Third-Party Demand for Contribution Void

Third-party defendant Industrial Development Corporation of South Africa, Limited (IDC) filed a motion to dismiss defendant Cooper/T. Smith Stevedoring Company, Inc.’s (Cooper) third party complaint. The court granted IDC’s motion and remanded the case to state court.

The plaintiffs filed suit on behalf of decedent Earl Lindsay, who died of lung cancer. The plaintiffs alleged the decedent worked as a longshoreman for several Cooper companies in the Port of New Orleans from 1954-1979, and during this time was exposed to asbestos. As against IDC, the …

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Case Decisions / Federal Officer Jurisdiction / Louisiana / Remand/Removal
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Federal Court Denies Remand on Outer Continental Shelf Lands Act Jurisdiction and Dismisses Fraud Counts of Complaint

The U.S. District Court for the Eastern District of Louisiana issued two opinions in the matter of Sheppard v. Liberty Mut. Ins. Co., et al. which denied the plaintiffs’ motion to remand and dismissed the plaintiffs’ fraud cause of action against the defendants.

Plaintiff Jesse Frank Sheppard originally filed in the Civil District Court for the Parish of Orleans. Sheppard alleged that he developed lung cancer and/or mesothelioma as a result of exposure to asbestos while working for Freeport Sulphur Company. The plaintiff sued …

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Case Decisions / Louisiana / Remand/Removal
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Removal Found Procedurally Proper Based on Diversity

The plaintiffs, Nolan and Susan Legeaux, brought a motion to remand their asbestos case from federal court arguing that removing defendants failed to follow the correct removal procedure, that there are non-diverse defendants, and that the federal officer removal statute, 28 U.S.C. § 1442, is not applicable to the facts of the case. The motion was opposed by defendants Puget Sound Commerce Center, Inc., Vigor Industrial LLC, and Vigor Shipyards, Inc.

The plaintiffs’ motion was denied. The court found there was nothing procedurally improper about …

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Case Decisions / Louisiana
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Federal Court Suspicious of Plaintiff’s Motion for Leave to Amend to Add Non-Diverse Defendant; Motion Denied

The plaintiffs filed a motion for leave to file an amended complaint to add Taylor-Seidenbach, Inc., a non-diverse defendant, and to reflect additional facts and information. The court denied the plaintiffs’ motion.

This case was originally filed in state court and removed to federal court by defendants Puget Sound Commerce Center, Vigor Industrial LLC, and Vigor Shipyards (“removing defendants”) on the basis of diversity jurisdiction. The plaintiffs alleged asbestos exposure due to plaintiff Nolan Legeaux’s work in construction, industrial plants, and shipyards, and as a …

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Case Decisions / Expert Challenges / Louisiana / Motions in Limine
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Mixed Decision on Defendants’ Motion in Limine to Preclude Dr. James Millette

The defendants (pump and valve manufactures) filed a motion in limine to exclude certain studies and videos produced by the plaintiff’s expert Dr. James Millette. The defendants challenged two aspects of Dr. Millette’s proposed testimony. First, they argued that some — but not all — of the academic studies that Dr. Millette relied on are not reliable and do not fit the facts of the case, and thus should be precluded from discussing them at trial. Second, the defendants argued that Dr. Millette should not …

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Case Decisions / Expert Challenges / Louisiana
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Plaintiffs’ Experts’ Testimony of General Causation Not Permitted to Prove Specific Causation in Mesothelioma Case

The defendants moved in limine to preclude testimony of the plaintiffs’ experts Drs. Kradin, Kraus and Parker for their reliance on the “each and every exposure” methodology of causation.

The court began its analysis by stating the standard for expert qualification, which includes: 1) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact issue 2) the testimony is based on sufficient facts or data 3) the testimony is the product of …

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Bare Metal/Component Parts / Case Decisions / Louisiana / Summary Judgment
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Federal Court Outlines Alternative Standard to Bare Metal Defense

William Bell alleged routine exposure to asbestos while serving as an engine man, machinery repairman, and a machinist mate in the United States Navy in the 1960s. Bell further alleged he was exposed to asbestos both while serving at sea on four ships as well as while training at a land-based Navy facility in Idaho. After being diagnosed with mesothelioma in 2015, Bell sued various companies that manufactured a wide range of products including pumps, valves, condensers, compressors, and turbines located on the Navy vessels …

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Case Decisions / Louisiana / Remand/Removal
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Case Remanded on Basis of Failure of Removing Party to Meet Burden of Proof on Improper Joinder

Plaintiff William Bozeman brought suit alleging exposure to asbestos and asbestos-containing products caused him to contract mesothelioma. Mr. Bozeman, a Louisiana resident, worked for Arizona Chemical Company, later known as International Paper Company, from 1975 to 1981 and 1981 to 1999 in Louisiana and claims he was exposed while on the job. He filed suit in the Civil District Court for Orleans Parish. On September 9, 2016 defendant Wyeth Holding Corp., formerly known as American Cyanamid Company removed the case to the U.S. District Court …

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