Category: Remand/Removal

U.S. District Court for the Eastern District of Louisiana, May 17, 2021

The plaintiffs alleged that the decedent, Raymond Hutchins, Jr. was exposed to asbestos while working aboard vessels owned and operated by his employer, Lykes Brothers Steamship Company from 1964 to 2006. Specifically, the plaintiffs alleged that Mr. Hutchins worked aboard several vessels built by Avondale Shipyard pursuant to its contracts with the United States Maritime Administration. The plaintiffs filed their suit in state court, and Huntington Ingalls, as successor to Avondale, removed the …

U.S. District Court for the Eastern District of Louisiana, April 22, 2021

In this asbestos action, Lynne Roy (the decedent) contended that she developed mesothelioma after using various talc products throughout her life. She filed a complaint in the Civil District Court for the Parish of Orleans where she alleged several state law based claims, including strict liability, negligence, professional vendor liability, failure to warn, breach of warranty, defective design, and civil conspiracy. The complaint only named one in-state defendant, K&B. With regard to K&B, …

U.S. District Court for the Middle District of Louisiana, March 4, 2021

The plaintiffs alleged the decedent, Kirk Reulet, was exposed to asbestos during his own employment at the Avondale Shipyard from 1967 to 1972 and from take-home exposure to asbestos through his father, Pierre Reulet, who worked for Avondale from 1964 to 1977. Defendant Hopeman Brothers, Inc. allegedly performed contracting work with asbestos-containing products at Avondale during Mr. Reulet’s employment. In June 2019, the plaintiffs filed suit against Avondale, Hopeman, and other defendants in …

U.S. District Court for the Eastern District of Louisiana, March 19, 2021

Decedent Frank Labarre worked as a tire repairman or salesman in automobile shops throughout Louisiana throughout his career. In 2016, Mr. Labarre was diagnosed with a “probable asbestos-related lung condition,” and he passed away in 2018. The plaintiff alleged that by performing brake jobs and by performing work at various premises, including those of Avondale, he was regularly exposed to asbestos-containing brake products. Avondale was a customer of the decedent for over four …

U.S. District Court for the Eastern District of Louisiana, March 2, 2021

Plaintiff Linda Crossland filed a motion to remand and defendants Avondale and Hopeman Brothers Inc. oppose the plaintiff’s motion. The plaintiff’s alleged exposure to asbestos was from asbestos fibers floating from Avondale Shipyards into her neighborhood, take home asbestos exposure from her father and husband’s work at Avondale, and from her own work at Avondale’s Main yard from 1966 through the 1970s. The plaintiff was deposed on December 11, 2020 and Avondale removed …

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

In June 2019, the plaintiff filed a lawsuit against multiple defendants alleging that he developed asbestos-related lung cancer. In December 2020, defendant Exxon Mobil removed this matter to the U.S. District Court for the Eastern District of Louisiana pursuant to 28 U.S.C. § 1332. One month later, the plaintiff filed a motion to remand the matter to the Civil District Court of Orleans Parish.

First, the plaintiff contended that Exxon’s removal was untimely as Exxon filed …

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

In the instant action, plaintiff Martha T. Roussell alleges she contracted mesothelioma through take-home asbestos exposure from the work of her father, Asward P. Theriot, who worked at Avondale Shipyard in 1957 and 1958. The plaintiff brought this action in state court against multiple defendants including Huntington Ingalls Incorporated and Lamorak Insurance Company (The Avondale Interests).

During the course of discovery it was revealed that Asward Theriot’s job application showed that his brother (Roussell’s uncle), Tracy …