Remand Motion Denied In Action Removed on Diversity Grounds

U.S. District Court for the Eastern District of Louisiana, August 28, 2020

The state court matter of Paul Hotard was removed by a defendant to the U.S. District Court for the Eastern District of Louisiana on diversity grounds. The plaintiff filed a motion seeking to remand the matter to state court because, the plaintiff argued, the “removing party … was not identified as a defendant in the petition.” (Id., at p. 51). The defendant, in turn, argued that removal was proper as per “Louisiana’s system …

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Shipyard’s Removal to Federal Court Granted Based on New Case Law

In a case previously covered by Asbestos Case Tracker, the court granted plaintiff’s motion to remand after Avondale removed this case to federal court. In this instant matter, defendant Avondale  again removed this case relying on the Fifth Circuit’s opinion in Latiolais v. Huntington Ingalls, Inc., a case in which it overturned the court’s prior “causal nexus” jurisprudence and adopted a broader “relating to” test. The plaintiff again moves for remand arguing (1) that the defendant’s removal was untimely and (2) that the …

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Defendant’s Motion for Summary Judgment Denied Due to Genuine Question of Material Fact

U.S. District Court for the Eastern District of Louisiana, July 13, 2020

In the instant complaint, Marcela Lopez, the decedent’s wife and Federico Lopez III, the decedent’s surviving child, allege that Federico Lopez was exposed to asbestos-containing products while employed as a welder/pipefitter at Kellog Brown and Root between 1973 and 1986 and that he contracted malignant mesothelioma as a result of such exposure. Approximately one year later, plaintiffs Jessica and Alfred Soliz filed suit in the 19th Judicial Court for the Parish of East …

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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 …

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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 …

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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 …

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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 …

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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, …

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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 …

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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
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