LOUISIANA — Plaintiffs-Appellants are the widow and surviving children of Raymond J. Lemieux, Sr.. Mr. Lemieux, Sr. worked for Johns-Manville in Marrero, Louisiana from 1956 to 1970 during which time he wore a respirator designed by American Optical, Defendant-Appellee. Raymond, Sr. developed asbestos-related lung cancer, which eventually caused his death in 2015; prior to his death, he filed suit in 2011 against American Optical stemming from his use of their respirator. Represented by his attorney, Raymond, Sr. entered into settlement negotiations with American Optical. The…
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Louisiana
LOUISIANA — This decision arises out of the court’s review of the plaintiffs’ motion to remand, and appellant’s motion for review of an order granting plaintiffs leave to amend their complaint. The shipyard worker plaintiff originally filed an action in state court naming numerous defendants. The initial petition included failure to warn and negligence claims against the appellant, among other causes of action, and strict products liability and failure to warn claims against a boiler defendant, who also opposed the motion to remand. Approximately three…
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LOUISIANA — The decedent filed an asbestosis lawsuit in 1991 against Owens-Illinois and other defendants. Owens-Illinois settled the claim for $4,000 as part of a group settlement. The Release Agreement stated that the decedent agreed to release the defendant from any cause of action arising out of the decedent’s asbestos-related injury, including mesothelioma, cancer, wrongful death and survival claims. Seventeen years after executing the Release Agreement, the decedent was diagnosed with mesothelioma and eventually passed. His wife and children brought a second action against Owens-Illinois…
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LOUISIANA — The plaintiffs originally filed their petition in the Civil District Court for the Parish of Orleans, State of Louisiana, after William Leech died of mesothelioma. The plaintiffs were residents of Arizona and named numerous defendants, including three who were Louisiana residents. Nine days after the petition was filed, and before any other defendants were served, defendant Honeywell International removed the action to federal court on the basis of diversity jurisdiction, which was uncontested.
The decedent was a construction engineer who alleged asbestos exposure…
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LOUISIANA — The plaintiff filed this action against several defendants, including Industrial Development Corporation of South Africa, Limited (IDC), alleging he developed lung cancer from exposure to asbestos containing products for which the defendants were responsible. Immediately after the suit was filed, the plaintiff moved to dismiss claims against IDC. A co-defendant stevedoring company filed a third party complaint for contribution and/or indemnification against IDC before the court ruled on the pending motion to dismiss. IDC then removed the case to federal court. The plaintiffs…
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Plaintiff George K. Mayeaux alleged he suffered exposure to asbestos and asbestos-containing products that were manufactured, sold, installed, distributed, and/or supplied by a number of defendant companies while employed by defendant Avondale Industries, Inc. This matter was removed to the United States District Court for the Eastern District of Louisiana. The plaintiff filed a Motion to Remand back to the Civil District Court for the Parish of Orleans in Louisiana.
The plaintiff alleged that he was employed by Avondale from 1963 to 2009. During that…
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Plaintiff Robert Templet, Sr. alleged asbestos exposure during his work for defendant Avondale Industries, Inc. The plaintiff was employed by Avondale from 1968-2002, and later developed malignant pleural mesothelioma. Defendants Avondale and Lamorak Insurance Company removed to federal court due to the federal officer removal statute. The plaintiff moved to remand. The court granted the motion and remanded this case back to the State of Louisiana.
Avondale based its removal on the plaintiff’s deposition testimony wherein he testified that they worked on Navy Destroyer Escorts…
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Myra Williams died on August 8, 2013 of complications from malignant mesothelioma. Plaintiff Jimmy Smith, along with his four children, filed suit against several defendants alleging that their products cause Myra’s mesothelioma. Smith alleged that he was exposed to asbestos fibers while working at the Placid Oil Facility in Natchitoches, Louisiana. Smith unknowingly brought fibers and dust home on his clothing after each day of work. Myra would handle and wash Jimmy’s clothing, and sustained what is commonly referred to as bystander asbestos exposure. Ingersoll–Rand…
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The plaintiff filed a petition for damages in the 18th Judicial District Court for the Parish of Iberville on February 23, 2017, and named Avondale, among others, as a defendant. The plaintiff alleged he contracted mesothelioma during his employment with Avondale caused by “dangerously high levels of toxic substances, including asbestos and asbestos containing products, in the normal course of his work.” Defendant Avondale filed a notice of removal to the United States District Court of Louisiana on April 28, 2017 under the federal…
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The plaintiffs filed suit against several defendants including Avondale alleging that their decedent, Ms. Blouin, contracted mesothelioma after washing the laundry of her husband’s work clothes. Victor Blouin worked as an electrician for Avondale onboard two government vessels from April 1972 until August 1972. The plaintiffs’ claims were brought in negligence and not for strict liability. Avondale removed the case to federal court on March 28, 2017, 26 days after receiving a copy of the deposition transcript. The plaintiffs’ moved to remand.
The plaintiffs took…
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