Category: Summary Judgment

United States District Court for the Middle District of Louisiana, October 31, 2022

Plaintiffs brought this wrongful death and survival action on behalf of decedent Kirk Reulet, alleging that Mr. Reulet was exposed to asbestos while working as a tradesman at various marine-economy jobs from 1972 to 2013. Plaintiffs alleged that this exposure led to his mesothelioma diagnosis and eventual death, and sought damages from dozens of defendants, including employers, premise owners, asbestos manufacturers or supplies, and insurers.

Defendants General Electric Company and ViacomCBS Inc. …

U.S. District Court for the Eastern District of Louisiana, October 24, 2022

Plaintiff Ronald John Falgout, as the independent executor and successor of decedent Ruby Lee Marie Falgout, brought this action in October 2022 after Falgout succumbed to the fatal effects of mesothelioma in August 2022. The plaintiff alleged that the decedent’s secondary exposure from asbestos fibers on his work clothes caused her cancer diagnosis. The plaintiff worked as a laborer, operator, oil king, and rainmaker at the Avondale Shipyards from 1965 to 1979. He …

United States District Court for the Middle District of Louisiana, October 21, 2022

The plaintiffs allege that Decedent Kirk Reulet was asbestos to asbestos throughout his 45-year career. The plaintiffs seek summary judgment on two issues: First whether Decedent developed mesothelioma prior to his death; and second, whether mesothelioma resulted in his death.

In December 2018, Decedent was diagnosed with peritoneal mesothelioma. Decedent died two weeks later on January 2, 2019. Decedent’s death certificate lists four “diseases, injuries, or complications … that directly caused the …

United States District Court for the Eastern District of Louisiana   

Plaintiff Linda Crossland alleged take-home exposure to asbestos from her husband’s clothing while he was employed at the Avondale Shipyards, where he was responsible for constructing and repairing vessels.  Plaintiff sued numerous defendants, alleging they negligently failed to warn her husband about the dangers of asbestos and failed to provide him with safe premises.  Avondale removed the action to federal court, relying on “government contractor immunity” established by Boyle and the “derivative sovereign immunity” defense set …

United States District Court for the Eastern District of Louisiana, October 12, 2022

In this asbestos action, Plaintiff Ruby Lee Marie Falgout (“Plaintiff”) alleged take-home exposure from laundering her husband’s clothes while he worked around Hopeman employees cut and installed asbestos wall board at the Avondale Shipyards (“Avondale”). The plaintiff filed a motion for partial summary judgment barring Avondale from availing itself of the government contractor defense. The plaintiff contended that Avondale’s failure to warn was discretionary. The plaintiff also argued that the court should …