Louisiana Court of Appeals: Asbestos Cases

Our case-law library holds 148 asbestos decisions from the Louisiana Court of Appeals (1982–2024). Each links to our summary and the full opinion.

• State: Louisiana
• Kind of court: State appeals court

Decisions

• Oddo v. Asbestos Corporation Ltd. (4th Circuit, 2015). The appeals court reversed the judgment against Clariant/Southern Talc, affirmed Ford's liability, reallocated fault to Ford 65%, Union Carbide 25% and Higgins 10%, and amended the survival damages award against Ford, so the plaintiffs lost against Southern Talc but kept their judgment against Ford.
• Abadie v. Asbestos Corp. Ltd. (5th Circuit, 2014). The appeal by Avondale (Huntington Ingalls) from summary judgment for third-party defendant Executone was dismissed on the parties' joint motion, because they had resolved their differences.
• Luna v. AW Chesterton Company (1st Circuit, 2014). The appeals court affirmed the $2,314,208 survival action award to the Luna siblings against Charity Hospital (LSU Board of Supervisors), overruled its prescription exception, rejected its virile share reduction and excessive-damages arguments, and deleted the court costs by agreement.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2014). The appeals court reversed the trial court's order limiting plaintiffs' expert Dr. Mark's testimony and its summary judgment for Georgia-Pacific, ruling for the plaintiffs and remanding for further proceedings.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2014). The court reversed the summary judgment that had dismissed plaintiffs' claims against Union Carbide Corporation, reversed the trial court's order limiting Dr. Eugene Mark's causation testimony, and remanded for further proceedings.
• White v. Entergy Gulf States Louisiana (1st Circuit, 2014). The court of appeal affirmed the trial court's $3.8 million survival-action general damages award for the plaintiffs against Entergy Gulf States Louisiana, over a dissent that would have capped the award at $2.8 million.
• Cook v. Asbestos Corporation Ltd. (5th Circuit, 2013). The court of appeal affirmed summary judgment for Hunt Tool Company's insurers (One Beacon, USF&G, Standard Fire, Travelers) and against the Cook family plaintiffs.
• Francis v. Union Carbide Corporation (4th Circuit, 2013). The appeals court reversed the trial court's summary judgment for Continental Insurance Company (Pendleton Shipyard's insurer) and remanded for further proceedings, ruling for plaintiff Rendon Francis.
• Landry v. Avondale Industries, Inc. (4th Circuit, 2013). The appeals court affirmed summary judgment for the Landrys on the mesothelioma diagnosis, its asbestos cause and its role in Raleigh Landry's death, but reversed summary judgment on exposure to John Crane's and Steel Grip's products, substantial-factor causation and liability, and remanded for trial.
• Watts v. Georgia-Pacific Corp. (1st Circuit, 2013). The appeals court amended the judgment to cut the Watts' damages award against Hebert Brothers to one-half (its virile share, with Dow bearing the other half) and otherwise affirmed the jury's $3,625,000 survival award for the plaintiffs, rejecting Hebert Brothers' prescription and excessive-damages arguments.
• Bougere v. Northrop Grumman Systems Corp. (5th Circuit, 2012). The appeals court affirmed the trial court's dismissal of the family's wrongful death claims against the insurers of Avondale's executive officers, because the officers were immune under La. R.S. 23:1032.
• Pierre v. Northrop Grumman Shipbuilding, Inc. (4th Circuit, 2012). The court of appeal affirmed the trial court's judgment sustaining the exceptions of no cause and no right of action and dismissing the intervention by Robin Lawyer and the Roussel law firm, so the St. Pierre Children and the defendants prevailed.
• Bozeman v. Union Carbide Corporation (2nd Circuit, 2011). The court of appeal reversed the trial court's judgment sustaining the City of Shreveport's exception of no cause of action as to the Bozemans' non-intentional tort claim and remanded, so the children (plaintiffs) prevailed over the City.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2011). The appeals court reversed the summary judgment that had dismissed Union Carbide, and reversed the order striking part of Dr. Mark's testimony, so the plaintiffs (Harris Robertson's wife and children) won and the case was sent back to the trial court.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2011). The appeals court reversed the trial court's summary judgment for Sherwin-Williams and its order striking the plaintiffs' expert Dr. Mark's causation testimony, and remanded for further proceedings, so the plaintiffs prevailed over Sherwin-Williams on appeal.
• Rome v. Asbestos Defendants (4th Circuit, 2011). The Louisiana Court of Appeal affirmed summary judgment dismissing the Romes' claims against Dover Engineered Systems, Inc. and its alleged insurer Liberty Mutual, so the defendants won and the plaintiffs lost.
• Brumley v. Akzona, Inc. (4th Circuit, 2010). The Louisiana Court of Appeal affirmed the trial court's forum non conveniens dismissal, without prejudice, in favor of the defendants, allowing the plaintiff to re-file in Texas.
• Falgoust v. Avondale Industries, Inc. (4th Circuit, 2010). The appeals court reversed the summary judgment that the trial court had granted to Hopeman Brothers and the Falgousts on Northrop Grumman's indemnity cross-claim, and remanded for an evidentiary hearing on the authenticity of the contract documents; Northrop Grumman prevailed on appeal.
• Marcel v. Delta Shipbuilding Co. (4th Circuit, 2010). The appeals court reversed the trial court's grant of Continental Insurance's exception of no right of action, which had dismissed the Marcel children's survival claim against the insurer of dissolved Delta Shipbuilding, and remanded for further proceedings.
• Marcel v. Delta Shipbuilding Company (4th Circuit, 2010). The appeals court reversed the trial court's grant of Continental Insurance's exception of no right of action, which had dismissed the Marcel children's survival claim, and remanded the case; the plaintiffs won and Continental lost.
• Marchand v. Asbestos Defendants (4th Circuit, 2010). The appeals court granted the Marchands' writ in part, vacating the district court's ruling for Continental Insurance as to the survival claim, and denied the writ as to the wrongful death claim, which it found barred by the dissolved-corporation peremptive statute.
• Pichon v. Asbestos Defendants (4th Circuit, 2010). The Louisiana Court of Appeal affirmed summary judgment for Detroit Diesel Corporation, dismissing the Pichon family's asbestos claims against it; one judge dissented.
• Boudreaux v. Able Supply Co. (3rd Circuit, 2009). The appeals court affirmed the trial court's dismissal, on forum non conveniens grounds, of the Boudreaux family's suit against the defendant companies, so the plaintiffs lost their Vermilion Parish forum and could re-file elsewhere.
• Boudreaux v. Able Supply Co. (3rd Circuit, 2009). The court of appeal granted American Cyanamid's motion to lift the stay of the appeal as to all defendants except bankrupt Lyondell Chemical Company and Millennium Petrochemicals, so the plaintiffs' appeal of the forum non conveniens dismissal could proceed against the others.
• Bourque v. Anco Insulations, Inc. (3rd Circuit, 2009). The court of appeal affirmed summary judgment for Lake Charles Stevedores, holding that Eddie Bourque Jr. and his wife could not pursue state-law claims against it because the LHWCA was their exclusive remedy.
• DiBenedetto v. Noble Drilling Company (4th Circuit, 2009). The court affirmed the dismissal of two South African companies and the bar on third party demands against dismissed defendants, but reversed summary judgments and exceptions of no cause of action that had dismissed plaintiff's claims against his stevedoring employers and their executive officers, remanding for further proceedings in plaintiff's favor.
• Hymel v. Eagle, Inc. (4th Circuit, 2009). The Court of Appeal affirmed the trial court's judgment sustaining the exception of res judicata for J.D. Roberts and Commercial Union Insurance Company, dismissing Ralph Hymel's mesothelioma claims with prejudice based on his 1998 release.
• McAskill v. American Marine Holding Co. (4th Circuit, 2009). The Louisiana Court of Appeal reversed the trial court's summary judgment for Eagle, Branton and Commercial Union and remanded for further proceedings, so plaintiff McAskill's claims go forward.
• Rando v. Anco Insulations, Inc. (1st Circuit, 2009). The appeals court affirmed summary judgment for Lou-Con, Inc., dismissing Murphy Oil's cross-claim for contractual defense and indemnity, even though it found the trial court erred in holding that secondary evidence could not prove a lost indemnity agreement.
• Benard v. Eagle, Inc. (4th Circuit, 2008). The appeals court affirmed the trial court's judgment sustaining the res judicata exception of Eagle, Inc. and OneBeacon, so all of the heirs' claims against them stayed dismissed; one judge dissented.
• Danos v. Avondale Industries, Inc. (4th Circuit, 2008). On rehearing, the court vacated its earlier opinion, reversed summary judgment for Foster Wheeler, and remanded, finding a genuine issue of material fact on Mr. Danos' exposure to asbestos from Foster Wheeler boilers.
• Danos v. Avondale Industries, Inc. (4th Circuit, 2008). The court of appeal affirmed the summary judgment for Foster Wheeler against the widow and adult children of Golzie Danos, finding no factual support that he was exposed to asbestos from Foster Wheeler products (one judge dissented, and rehearing was later granted).
• Rando v. Anco Insulations, Inc. (1st Circuit, 2008). The court affirmed the bench-trial judgment awarding Ray Rando damages against Parsons and Jacobs, rejecting both companies' challenges on liability and damages.
• Spillman v. Anco Insulations, Inc. (1st Circuit, 2008). The court of appeal affirmed the bench-trial judgment for Mr. Spillman's wife and daughter against Exxon, rejecting Exxon's workers' compensation immunity defense and upholding the $2,500,000 award, with Exxon's share set at $1,250,000.
• Tabor v. Anco Insulations, Inc. (3rd Circuit, 2008). The appeals court affirmed summary judgment for Levert-St. John against Hartford Steam Boiler on the duty to defend, the duty to indemnify and the statutory penalties, but reversed the award of fees and costs for Levert's claims against others and rendered judgment of $226,321.87.
• Thibodeaux v. Asbestos Corp. Ltd. (4th Circuit, 2008). The Louisiana Court of Appeal affirmed the summary judgment that dismissed Eagle Asbestos & Packing Company and its insurer OneBeacon, so the Thibodeauxs lost their claims against those two defendants.
• Grant v. American Sugar Refining, Inc. (4th Circuit, 2007). The appeals court reversed the summary judgment for Eagle, Inc. and remanded to the trial court, ruling for plaintiff Thelonius Grant because genuine factual issues about exposure remained and the trial court misapplied the expert-evidence standard.
• Graves v. Riverwood International Corp. (2nd Circuit, 2007). The Court of Appeal affirmed the trial court's denial of Olin Corporation's motions for JNOV and new trial, leaving the plaintiffs' verdict in place (general damages cut by the trial court from $4,500,000 to $3,000,000).
• Mouton v. Morton International, Inc. (3rd Circuit, 2007). The appeals court affirmed the trial court's denial of the motion by Terrell and Teryha Mouton to vacate the dismissal, so the settlement-based dismissals in favor of Morton, the executive defendants and their insurer stood.
• Palermo v. Port of New Orleans (4th Circuit, 2007). The appeals court reversed the trial court's bench-trial judgment for the plaintiffs, finding the Dock Board owed no duty and that the evidence did not show Dixie, Buck Kreihs and Eagle substantially contributed to the exposures.
• Terrance v. Dow Chemical Company (1st Circuit, 2007). The court affirmed the judgment on the jury's $5,000,000 general damages verdict for the Terrance estate and surviving spouse against Exxon, and denied Exxon's JNOV, new trial and remittitur motions.
• Chaisson v. Avondale Industries, Inc. (4th Circuit, 2006). The Louisiana Court of Appeal, Fourth Circuit, affirmed the jury judgment for the Chaisson family against H.B. Zachry Company, including its 42.58% fault share and the wrongful death and survival awards, and rejected both Zachry's appeal and the family's cross-appeal for higher survival damages.
• Palermo v. Port of New Orleans (4th Circuit, 2006). The appeals court reversed the trial court's judgment for the plaintiffs against the Dock Board, Eagle, Buck Kreihs and Dixie, finding no duty on the Dock Board and no proof that the ship repair companies' work substantially contributed to the diseases.
• Thomas v. AP Green Industries, Inc. (4th Circuit, 2006). The appeals court amended the judgment to cut the surviving spouse's wrongful death award against Entergy Louisiana from $2.75 million to $1 million, and otherwise affirmed the jury verdict for the plaintiffs, including the directed verdict for McCarty and the jury's finding of no fault by Johns Manville.
• Adams v. Asbestos Corp. Ltd. (2nd Circuit, 2005). The court of appeal affirmed summary judgment for Eaton Corporation, dismissing the survival action of Walter Counts' heirs because workers' compensation was their exclusive remedy.
• Adams v. Owens-Corning Fiberglas Corp. (1st Circuit, 2005). The appeals court affirmed dismissal of Jefferson's tort claim against Cooper/T. Smith for asbestosis but reversed dismissal of his other claims, including colon cancer, and remanded.
• Zimko v. American Cyanamid (4th Circuit, 2005). The appeals court reversed the judgment against Tate & Lyle because workers' compensation exclusivity barred it, affirmed liability and the survival award against American Cyanamid, and cut the wrongful death award against American Cyanamid to 50% by allocating fault equally between the two companies.
• Alexander v. Thiokol Corp. (3rd Circuit, 2004). The court reversed the trial court's grant of Morton's exception of no cause of action, which had dismissed the workers' suit, and remanded for further proceedings.
• Breaux v. Avondale Industries, Inc. (4th Circuit, 2004). The Louisiana Court of Appeal granted the Breaux plaintiffs' writ application, reversed the trial court's partial summary judgment for Avondale/Northrop Grumman and Peter Territo, and remanded for further proceedings.
• Cichirillo v. Avondale Industries (4th Circuit, 2004). The appeals court reversed the trial court's ruling that Cichirillo's claim against Northrop Grumman (Avondale), Flintkote, Territo, Owens-Illinois, Uniroyal, Hopeman Brothers and Charles Johnson was prescribed, and remanded the case for further proceedings.