Louisiana Supreme Court: Asbestos Cases

Our case-law library holds 13 asbestos decisions from the Louisiana Supreme Court (1986–2023). Each links to our summary and the full opinion.

• State: Louisiana
• Kind of court: State supreme court

Decisions

• Pete v. Boland Marine and Manufacturing Company, LLC (2023). The Louisiana Supreme Court held the jury abused its discretion in awarding $9.8 million in general damages against Ports America, reduced that award to $5,000,000, and entered total judgment of $5,551,020.70 for Pete, affirming the rest.
• Bagwell v. Union Carbide Corp. (2021). The Louisiana Supreme Court reversed the court of appeal's grant of a new trial, reinstated the jury verdict (75% fault on employer RMC, 25% on CAPCO, none on Union Carbide or Montello), and so favored the defendants Union Carbide and Montello over the plaintiffs.
• Joseph v. Huntington Ingalls Incorporated (2020). The Louisiana Supreme Court reversed the trial court's denial of the exception of res judicata, sustained the exception as to the survival action (a win for Huntington Ingalls and Lamorak against the Joseph children), and remanded for further proceedings.
• Rando v. Anco Insulations Inc. (2009). The Louisiana Supreme Court affirmed the court of appeal's judgment for Ray Rando against his former employers JCI and Parsons, holding his tort suit was not barred by workers' compensation exclusivity or peremption and upholding liability and the $2.8 million general damages award.
• Cichirillo v. Avondale Industries, Inc. (2005). The Louisiana Supreme Court reversed the court of appeal and reinstated the trial court's judgment granting the exception of prescription for Peter Territo and Avondale Industries (Northrop Grumman Ship Systems), dismissing Cichirillo's mesothelioma suit as time-barred.
• Landry v. Avondale Industries, Inc. (2004). The Louisiana Supreme Court reversed the court of appeal, reinstated the trial court's summary judgment for Reilly-Benton and Liberty Mutual that comparative fault applies to the wrongful death claim, and remanded; the Landry plaintiffs lost.
• Bonnette v. Conoco, Inc. (2003). The Louisiana Supreme Court reversed the court of appeal's affirmance of the awards against Conoco for increased risk of asbestos-related cancer, mental anguish and punitive damages, but affirmed the property-damage award for the plaintiffs.
• Landry v. Avondale Industries, Inc. (2003). The Louisiana Supreme Court reversed the lower courts' denial of the exceptions of no cause of action, granted the defendants' exceptions, dismissed Mrs. Landry's pre-death loss of consortium claim with prejudice, and remanded; the employers, executive officers and manufacturing defendants won on that claim and Mrs. Landry lost.
• Austin v. Abney Mills, Inc. (2002). The Louisiana Supreme Court reversed the summary judgment that the lower courts had granted to employers International Paper and Arizona Chemical, and remanded for further proceedings, because the employers had not shown Hogue's tort claim accrued only after 1975.
• Estate OF Patrick v. Bd. of Supervisors (2002). The Louisiana Supreme Court granted the Board of Supervisors of LSU's writ, vacated the lower courts' denial of its motion for further testing of Dr. Patrick's preserved tissue, and remanded to the trial court.
• Ruckstuhl v. Owens Corning Fiberglas Corp. (1999). The Louisiana Supreme Court reversed the court of appeal and denied Hollingsworth & Vose's exception of lack of personal jurisdiction, so the Ruckstuhls' suit against it could proceed in Louisiana; the case was remanded.
• Cole v. Celotex Corp. (1992). The Louisiana Supreme Court affirmed the court of appeal: pre-comparative-fault (virile share) law governed, the nine executive officers counted as nine separate shares, and the insurer INA's annual policies could be stacked, so INA owed each of the three plaintiff workers $135,000 plus interest.
• Halphen v. Johns-Manville Sales Corp. (1986). Answering a question certified by the Fifth Circuit, the Louisiana Supreme Court held that a manufacturer may be held liable for an unreasonably dangerous per se or construction-defective product even if it could not have known of the danger, a result favoring the widow over Johns-Manville.