U.S. District Court, Eastern District of Louisiana: Asbestos Cases

Our case-law library holds 353 asbestos decisions from the U.S. District Court, Eastern District of Louisiana (1991–2025). Each links to our summary and the full opinion.

• Kind of court: Federal district court

Decisions

• Stansbury v. McCARTY Corporation (2022). The court granted third-party defendant MW Custom Papers' motion and dismissed, without prejudice, third-party plaintiff Albert L. Bossier, Jr.'s claims against it because no substitution motion was made within 90 days after the suggestion of death.
• Stansbury v. McCARTY Corporation (2022). The court denied plaintiff Stansbury's motion to remand, keeping the whole case in federal court after Avondale removed it, and ruled in favor of Avondale and Wausau.
• Tabor v. William B. Reily & Co., Inc. (2022). The court granted the plaintiffs' motion to remand to Orleans Parish state court, ruling that Huntington Ingalls (Avondale) removed too late and did not establish federal officer removal.
• Williams v. Huntington Ingalls Industries (2022). The court denied third-party defendant Amchem's motion for summary judgment on Avondale's and Mr. Bossier's contribution claims, finding genuine factual disputes about exposure to Amchem's 81-27 adhesive and its causal role.
• Aaron v. Bancroft Bag, Inc. (2021). The district court granted plaintiff Steven Aaron's motion to remand and sent the case back to Orleans Parish Civil District Court, because removing defendant Ford Motor Company did not prove an enforceable settlement with non-diverse defendant MSBI.
• Arrowood Indemnity Company v. ST Joseph's Roman Catholic Church (2021). The court denied the Messina family's request to abstain and their Rule 12(b)(6) motion, keeping Arrowood Indemnity's insurance coverage declaratory action in federal court.
• Barrosse v. Huntington Ingalls Incorporated (2021). The court granted Avondale's unopposed motion and directed entry of a Rule 54(b) partial final judgment in favor of Avondale and Lamorak, following its earlier summary judgment dismissing them on LHWCA preemption grounds.
• Barrosse v. Huntington Ingalls Incorporated (2021). The court granted Avondale (Huntington Ingalls) and Lamorak Insurance's motion for summary judgment, dismissing the plaintiffs' negligence claims against them with prejudice because the LHWCA preempts those claims.
• Brindell v. Carlisle Industrial Brake and Friction Inc. (2021). The court granted the plaintiffs' motion to remand to state court, finding the second removal untimely because the defendants did not show plaintiffs acted in bad faith, and that the non-diverse defendants were not improperly joined; the removing defendants lost.
• Broussard v. Huntington Ingalls, Inc. (2021). The court granted Huntington Ingalls' (as successor to Standard Paint and Varnish) motion for partial summary judgment and dismissed with prejudice the plaintiffs' claims relating to Standard Paint and Varnish, because exposure was not sufficiently shown.
• Broussard v. Huntington Ingalls, Inc. (2021). The court granted General Electric's motion for summary judgment and dismissed plaintiffs' claims against it with prejudice, and denied Uniroyal's motion for summary judgment on Huntington Ingalls' third-party claim.
• Broussard v. Huntington Ingalls, Inc. (2021). The court granted in part the plaintiffs' motion for partial summary judgment, ruling that Avondale could not use the government contractor defense against state law failure-to-warn claims, and denied the motion in all other respects.
• Clark v. Huntington Ingalls, Inc. (2021). The court denied the plaintiff's motion to remand, holding that Avondale (Huntington Ingalls) properly and timely removed the case to federal court under the federal officer removal statute.
• Cortez v. Lamorak Insurance Co. (2021). The court granted Lamorak's motion and stayed and administratively closed the whole case until September 12, 2021, over plaintiff Cortez's objection that he needed an expedited trial.
• Danos v. Huntington Ingalls Incorporated (2021). The court denied the plaintiffs' motion to remand, holding that the Avondale defendants timely removed the case under the federal officer removal statute and asserted a colorable federal defense.
• Deaville v. Exxon Mobil Corp. (2021). The court granted plaintiff Brent Deaville's motion to remand, ruling that defendants Exxon Mobil, Ferguson Enterprises and J-M Manufacturing failed to show Turner Industries was improperly joined, so complete diversity was lacking and the case went back to state court.
• Dempster v. Lamorak Insurance Co. (2021). The court denied General Electric's motion for summary judgment and reconsideration, finding disputed fact issues about whether the 1991 release covered future lung cancer and wrongful death claims, so the plaintiffs' claims against General Electric continue.
• Falcone v. Anco Insulations, Inc. (2021). The court granted insurer Lamorak's (joined by Avondale's) motion to stay, staying and administratively closing the whole case because Lamorak was in liquidation, and set a status conference for September 28, 2021.
• Falgout v. Anco Insulations, Inc. (2021). The district court denied the plaintiff's motions to remand, so the case against Avondale and Hopeman Brothers stays in federal court under the federal officer removal statute.
• Gooding v. Liberty Mutual Insurance Co. (2021). The court granted insurer Lamorak's motion to stay the action because of its Pennsylvania liquidation, administratively closed the case, and denied the plaintiffs' motion to sever the claims against Lamorak and its insureds.
• Hotard v. Avondale Industries, Inc. (2021). The court granted Lamorak Insurance Company's motion, stayed the whole action and administratively closed it because of Lamorak's liquidation, denied Plaintiff Hotard's alternative request to sever claims involving Lamorak and its insureds, and set a status conference.
• Hulin v. Huntington Ingalls, Inc. (2021). The district court granted Bayer CropScience's unopposed motion for summary judgment and dismissed plaintiff William Hulin Sr.'s claims against Bayer.
• Hutchins v. Anco Insulations, Inc. (2021). The court denied Dixie Machine's motion for summary judgment without prejudice, as premature before discovery, so Dixie Machine may reurge it later; the plaintiffs and Huntington Ingalls prevailed for now.
• Jackson v. Avondale Industries, Inc. (2021). The court found genuine disputes of fact on exposure and causation, so Hopeman Brothers and Liberty Mutual (as insurer of Wayne Manufacturing) did not obtain summary judgment against plaintiff Patricia Jackson's estate representative; the issues go to the trier of fact.
• Krutz v. Huntington Ingalls Inc. (2021). The court granted Amchem's unopposed motion for summary judgment and dismissed the plaintiffs' wrongful death claims against Amchem, because there was no evidence Krutz was exposed to Amchem's products or that they caused his mesothelioma.
• Labarre v. Bienville Auto Parts, Inc. (2021). The district court denied plaintiff Karen Birdsall's motion to remand, holding that Avondale (Huntington Ingalls) timely removed the case under the federal-officer removal statute, so the case stays in federal court.
• Legendre v. Lamorak Insurance Company (2021). The court denied Mestek, Inc.'s motion for summary judgment, which sought a ruling that it was not the successor to L.J. Wing, because genuine fact disputes remained; Avondale prevailed on the motion.
• Legendre v. Lamorak Insurance Company (2021). The court denied the plaintiffs' motion to remand, keeping the case in federal court under the federal officer removal statute, in favor of the Avondale Interests (Huntington Ingalls and Lamorak).
• Legendre v. Lamorak Insurance Company (2021). The court denied Tutco's motion to dismiss for lack of personal jurisdiction without prejudice, found Avondale had not yet made a prima facie showing, and allowed Avondale 28 days to amend its third-party demand and all parties 21 days for jurisdictional discovery.
• Masters v. Graybar Electric Company, Inc. (2021). The court granted plaintiff Willard Masters III's motion to remand and sent the case back to Orleans Parish Civil District Court, holding that Graybar Electric had not shown plaintiff abandoned his claims against the non-diverse defendant Taylor-Seidenbach.
• Ragusa v. Louisiana Ins. Guar. Association (2021). The court denied plaintiff Frank Ragusa's motion to remand, holding that defendants Huntington Ingalls and Albert Bossier properly removed under the federal officer removal statute and that removal was timely.
• Ragusa v. Louisiana Insurance Guaranty Association (2021). The district court denied plaintiff Frank Ragusa's motion to remand, holding that defendants Huntington Ingalls and Albert Bossier properly and timely removed the case under the federal officer removal statute.
• Roy v. Colgate Palmolive Co. (2021). The district court granted the plaintiffs' motion to remand, finding the in-state defendant K&B was properly joined, so diversity jurisdiction was lacking and Johnson & Johnson's removal failed.
• Sampey v. Anco Insulations, Inc. (2021). The court granted Hopeman's unopposed motion, joined by Avondale, Travelers, International Paper and Amchem, and dismissed with prejudice Ethel Sampey's loss of consortium, service and society claims against them.
• Sanchez v. Anco Insulations, Inc. (2021). The court granted Avondale's motion to dismiss Sanchez's loss of consortium claim and granted Lamorak Insurance's unopposed motion for summary judgment, dismissing the claims against Lamorak.
• Sentilles v. Huntington Ingalls Inc. (2021). The court denied defendant Pelnor's motion for partial summary judgment, so plaintiff Sentilles may pursue his claims about exposure at Pelnor on or after September 1, 1975, and the court did not categorically exclude evidence of post-1975 exposure.
• Waguespack v. Avondale Industries, Inc. (2021). The court granted Lamorak Insurance Co.'s motion (joined by Huntington Ingalls) to enforce a stay, staying and administratively closing the entire case until September 12, 2021, over the plaintiffs' objection to staying the whole action.
• Bourgeois v. Huntington Ingalls Inc. (2020). The district court denied plaintiff Bourgeois's motion to remand, holding that Avondale (Huntington Ingalls) and Bossier timely and properly removed the case under the federal officer removal statute.
• Brindell v. Carlisle Industrial Brake and Friction Inc. (2020). The district court granted the plaintiffs' motion to remand to Louisiana state court, rejecting Utility Trailer Manufacturing Company's claim that the non-diverse defendants were improperly joined.
• Broussard v. Huntington Ingalls, Inc. (2020). The district court denied the plaintiffs' motion to remand, so the case stayed in federal court and Avondale (Huntington Ingalls) and its co-defendants won on removal.
• Cortez v. Lamorak Insurance Co. (2020). The court denied Callen Cortez's motion to remand, holding that Avondale (Huntington Ingalls, Lamorak Insurance and Albert Bossier) timely and properly removed the case under the Federal Officer Removal Statute.
• Dempster v. Lamorak Ins. Co. (2020). The court granted the motion in limine by Avondale, Bossier and Lamorak (joined by Foster Wheeler and General Electric), excluding evidence of Avondale accidents and regulatory citations unrelated to asbestos exposure; the plaintiffs lost this ruling.
• Dempster v. Lamorak Ins. Co. (2020). The court granted in part and denied in part the Avondale Interests' motion in limine, barring plaintiffs' expert Dr. Kraus from comparing the decedent's death to Jesus Christ's crucifixion or making religious references about corporate sinning, but allowing him to compare the death to death by crucifixion.
• Dempster v. Lamorak Ins. Co. (2020). The court granted Amchem's (joined by Foster Wheeler and General Electric) motion in limine and excluded Plaintiffs' Exhibit No. 1.157, the Welch Paper, and any reference to it at trial.
• Dempster v. Lamorak Insurance Co. (2020). The court granted in part and denied in part the Avondale defendants' motion in limine: it excluded evidence of non-asbestos injuries such as hearing loss suffered by family members and other non-parties, but it refused to bar evidence of asbestos-related illness in non-parties.
• Dempster v. Lamorak Insurance Co. (2020). The district court denied the plaintiffs' Daubert motion, so defendant Amchem (Bayer CropScience) could present Dr. Paustenbach's testimony on removal and scraping of Benjamin Foster 81-27 adhesive.
• Dempster v. Lamorak Insurance Co. (2020). The federal district court denied the motion by Avondale (Huntington Ingalls), its executive officers' insurer Lamorak and other defendants for partial summary judgment declaring that Mr. Dempster's earlier settlements with 37 non-parties released his lung cancer claims, so the plaintiffs prevailed on the motion.
• Gaddy v. Taylor Seidenbach, Inc. (2020). The court denied the plaintiffs' renewed motion for judgment as a matter of law and left in place the jury's finding that Owens-Illinois was liable for Dr. Gaddy's asbestos exposure at International Paper.
• Gaddy v. Taylor Seidenbach, Inc. (2020). The court granted Ethyl Corporation's motion for remittitur, cutting the verdict to $3,250,661.45 ($3,000,000 general damages plus medical expenses) unless Plaintiffs elect a new trial, and denied Ethyl's new-trial and judgment-as-a-matter-of-law motions on all other grounds.
• Gomez v. Aardvark Contractors, Inc. (2020). The district court denied the Jefferson Parish School Board's motion for partial summary judgment seeking an automatic virile share credit for the Johns-Manville Trust, and denied Huntington Ingalls' withdrawn part of the motion as moot, so the plaintiffs prevailed on the motion.