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

• Gomez v. Aardvark Contractors, Inc. (2020). The court granted Viking Pump's unopposed motion for summary judgment and dismissed, without prejudice, plaintiff Cary Gomez's claims and the cross-claims of Huntington Ingalls and Jefferson Parish School Board against Viking Pump.
• Gomez v. Aardvark Contractors, Inc. (2020). The court granted plaintiff Cary Gomez's motion to extend the deadline for his industrial hygienist expert report to February 7, 2020, and gave the defendants until March 6, 2020 to submit opposing expert reports.
• Gomez v. Aardvark Contractors, Inc. (2020). The court granted Nicholls State's unopposed motion to dismiss plaintiff Carey Gomez's claims against it on Eleventh Amendment immunity grounds.
• Gooding v. Liberty Mutual Insurance Co. (2020). The court granted Travelers' unopposed summary judgment motion, dismissing the Avondale Interests' cross-claims because Travelers issued no liability policies to Gretna Machine from 1967 through 1979.
• Hernandez v. Huntington Ingalls Incorporated (2020). The magistrate judge denied Honeywell International's (as alleged successor to Allied Chemical) alternative Rule 12(e) motion for a more definite statement, so plaintiff Hernandez did not have to replead.
• Hernandez v. Huntington Ingalls, Inc. (2020). The district court denied Honeywell's motion to dismiss, ruling that plaintiff Jesse Hernandez plausibly alleged Honeywell owed him a duty for asbestos dust carried on its plant workers' clothing.
• Hernandez v. Huntington Ingalls, Inc. (2020). The court denied Jesse Hernandez's motion to remand, so the Avondale Interests (Huntington Ingalls and related defendants) kept the case in federal court under the federal officer removal statute.
• Holmes v. Bossier (2020). The district court denied the plaintiffs' motion to remand, holding that Huntington Ingalls and Bossier timely removed the case under the federal officer removal statute within thirty days of the Fifth Circuit's en banc Latiolais decision.
• Hotard v. Avondale Industries, Inc. (2020). The district court denied Paul Hotard's motion to remand, holding that Avondale was named as a defendant in the state court petition and properly removed the case, so Avondale prevailed.
• Jackson v. Avondale Industries, Inc. (2020). The district court granted Hopeman Brothers' motion for reconsideration, vacated its earlier order remanding the case to state court, and denied plaintiff Patricia Jackson's motion to strike Hopeman's exhibits, finding federal officer removal jurisdiction.
• Jackson v. Avondale Industries, Inc. (2020). The court granted Patricia Jackson's motion to remand and the Avondale Defendants' motion to withdraw their notice of removal, sending the case back to Orleans Parish Civil District Court because she had settled with the removing defendants.
• Lopez v. McDERMOTT, Inc (2020). The court granted Exxon Mobil's motion for summary judgment, dismissing the Lopez plaintiffs' negligence and strict liability claims against Exxon as a premises owner, because Exxon owed no duty and had no care, custody or control of the asbestos.
• Lopez v. McDERMOTT, Inc (2020). The court denied Crosby Valves' motion for summary judgment, finding Mr. Lopez's deposition admissible against Crosby and enough evidence of exposure and substantial-factor causation for the plaintiffs' claims to proceed.
• Lopez v. McDERMOTT, Inc. (2020). The court denied Fisher Controls International's motion for summary judgment, so the Lopez plaintiffs' claims against Fisher go forward.
• Marsh v. Huntington Ingalls, Incorporated (2020). The court denied International Paper Company's motions to dismiss for lack of personal jurisdiction, to dismiss for failure to state a claim, and for a more definite statement, so Marsh and cross-claimant Huntington Ingalls prevailed on these motions.
• Michel v. Ford Motor Company (2020). The magistrate judge granted the Michel plaintiffs' motion for leave to file a second supplemental and amended complaint adding Ford Leasing Development Company, LLC as a defendant, over Ford Motor Company's opposition.
• Roussell v. Huntington Ingalls, Inc. (2020). The district court denied plaintiff Marsha Roussell's motion to remand, holding that the Avondale Interests (Huntington Ingalls and Lamorak) properly removed the case under the federal-officer statute, so the case stays in federal court.
• Sampey v. Huntington Ingalls Inc. (2020). The court denied plaintiff Ethel Sampey's motion to remand, holding that the Avondale Interests' federal-officer removal was timely and rested on a colorable Boyle defense.
• Waguespack v. Avondale Industries, Inc. (2020). The court denied the plaintiffs' motion to remand, holding that Huntington Ingalls and Lamorak (Avondale) timely removed the case under the federal officer removal statute and did not waive removal.
• Bitco General Insurance Corporation V Dash Building Material Center, Inc. (2019). The court denied Dash Building Material Center's motion to abstain and dismiss, so BITCO's federal declaratory action against Dash continues.
• Bondurant v. 3M Company (2019). The court granted Gould Electronics' motion to dismiss for lack of personal jurisdiction, dismissing plaintiff Bondurant's claims against Gould without prejudice and denying jurisdictional discovery.
• Bondurant v. 3M Company (2019). The court granted Eastman Kodak Company's motion to dismiss for lack of personal jurisdiction and dismissed plaintiff Terry Bondurant's claims against Kodak without prejudice, denying jurisdictional discovery.
• Bondurant v. 3M Company (2019). The court denied Terry Bondurant's motion to remand, holding that General Electric and CBS Corporation (Westinghouse) properly removed the case under the federal officer removal statute.
• Chevron Oronite Company v. Jacobs Field Services North America, Inc. (2019). After a bench trial on the papers, the court entered judgment for Chevron Oronite against Jacobs for the full $550,000 settlement of the Bourgeois asbestos suit, plus interest, attorney's fees and ordinary costs.
• Gomez v. Aardvark Contractors, Inc. (2019). The court granted Nicholls State's motion to dismiss the Jefferson Parish School Board's cross-claims on Eleventh Amendment immunity grounds and denied the motion as moot as to Huntington Ingalls, which had already dropped its cross-claims.
• Knight v. Huntington Ingalls Incorporated (2019). The court denied, without prejudice, the Knight family's motion to sever and remand and the intervenors' motion to remand or abstain, finding them premature and allowing further discovery and possible summary judgment motions; the Avondale defendants' removal stayed in place for now.
• Lopez v. McDERMOTT, Inc. (2019). The court denied the motions to dismiss by Exxon Mobil, Marathon, Chevron, Texaco, Emerson Electric and General Electric, and granted Goulds and ITT's motion only as to the Soliz survival claim (barred by the earlier dismissal) while denying it as to the Soliz wrongful death claims.
• Lopez v. McDERMOTT, Inc. (2019). The court found plaintiffs had not made a prima facie showing of personal jurisdiction over ConocoPhillips, deferred ruling on its motion to dismiss, and ordered limited jurisdictional discovery with a July 22, 2019 deadline, failing which the motion would be granted.
• Michel v. Ford Motor Co. (2019). The court granted Ford Motor Company's motion to dismiss only as to plaintiffs' wrongful death employer liability claim, which was dismissed with prejudice, and otherwise denied it, so plaintiffs' other wrongful death claims against Ford continue.
• Michel v. Ford Motor Co. (2019). The court granted Ford's motion to quash the trial subpoena to Matthew Fyie, granted plaintiffs leave to designate Fyie's deposition testimony, and granted Ford's motion to strike plaintiffs' late objections to Ford's counterdesignations of Victor Michel's testimony.
• Michel v. Ford Motor Co. (2019). The court granted the plaintiffs' motion to amend their complaint to add survival, wrongful death, premises and employer liability claims against Ford, found strict products liability claims already pleaded, and said a continuance would cure prejudice to Ford.
• Michel v. Ford Motor Company (2019). The court denied Ford's and Cummins's motions to exclude or limit the expert testimony of Dr. Staggs, Dr. Finkelstein and Christopher Depasquale, so the plaintiffs' experts may testify.
• Michel v. Ford Motor Company (2019). The court denied Cummins Inc.'s and Ford Motor Company's joint motion for summary judgment, so the plaintiffs (Michel's survivors) keep their claims against both defendants.
• Parfait v. Huntington Ingalls Incorporated (2019). The court granted Charles Parfait's motion to remand to Orleans Parish state court because the Avondale defendants' federal officer removal was untimely, and denied his request for costs, fees and Rule 11 sanctions.
• Rodrigue v. Anco Insulations, Inc. (2019). The court granted summary judgment to the remaining Joint Defendants and Burmaster Land & Development, dismissing the plaintiffs' and Huntington Ingalls' claims against them with prejudice, because no one opposed the motions.
• Savoie v. Huntington Ingalls (2019). The court granted the Avondale Interests' motion for partial summary judgment and dismissed with prejudice the plaintiffs' wrongful death claims against them and Travelers Indemnity Company, leaving the survival claim in place.
• Savoie v. Huntington Ingalls, Inc. (2019). The court granted in part and denied in part Avondale's motion, holding that five of eight earlier releases (Champion, Met Life, Amchem, Chesterton, A.P. Green) covered Savoie's future mesothelioma claim, while the B & W, Combustion Engineering and Garlock releases did not.
• Schindler v. Dravo Basic Materials Company (2019). The court excluded the specific-causation opinions of plaintiff's experts Dr. Harrison and Dr. Tarin as unreliable, granted summary judgment to defendant Dravo Basic Materials Company, and dismissed Schindler's Jones Act claim with prejudice.
• Brazan v. Lamorak Insurance Co. (2018). The court granted Joseph Brazan's motion to remand to Orleans Parish Civil District Court, holding that Union Carbide and Amchem failed to show complete diversity, and denied his request for costs, fees and sanctions.
• Brown v. Avondale Industries, Inc. (2018). The district court granted Gregory Brown's motion to remand and sent the case back to Orleans Parish Civil District Court, rejecting Avondale's federal officer removal.
• Burkart v. PPG Industries, Inc. (2018). The court granted Raymond Burkart Jr.'s motion to remand and sent the case back to Orleans Parish Civil District Court, rejecting Avondale's federal officer removal.
• Chevron Oronite Company LLC v. Jacobs Field Services North America, Inc. (2018). The court granted Chevron Oronite partial summary judgment on indemnity from Jacobs under three of four contracts and on attorney's fees, but denied it as to Contract K-2251, ordinary-cost recovery beyond clerk's costs, and settlement reasonableness; Jacobs won on those points.
• Gomez v. Aardvark Contractors, Inc. (2018). The court granted Nicholls State's motion to dismiss the executive officer liability, products liability and punitive damages claims (the last two unopposed), denied it as to Gomez's negligence and strict liability claims, and ordered service on the Office of Risk Management within 60 days.
• Guillot v. Avondale Industries, Inc. (2018). The court granted Linda Guillot's motion to remand and sent the case back to Orleans Parish Civil District Court, rejecting Avondale's federal officer removal because it showed no causal nexus between federal direction and her claims.
• Latiolais v. Huntington Ingalls Incorporated (2018). The district court granted James Latiolais's motion to remand and sent the case back to Orleans Parish Civil District Court, rejecting Avondale (Huntington Ingalls)'s federal officer removal.
• Leech v. 3M Company (2018). The court granted Taylor-Seidenbach, Inc.'s unopposed motion for summary judgment, dismissing the plaintiffs' claims against it for lack of evidence that it caused the decedent's mesothelioma.
• Leech v. 3M Company (2018). The court granted Honeywell International Inc.'s unopposed motion for summary judgment, dismissing the plaintiffs' claims against Honeywell as successor to Bendix, because plaintiffs offered no evidence that Honeywell was a cause-in-fact of the decedent's injury.
• Leech v. 3M Company (2018). The court denied Rohm and Haas Chemicals LLC's Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction without prejudice, giving plaintiffs 30 days for jurisdictional discovery and 60 days to amend their complaint.
• Lopez v. McDERMOTT, Inc. (2018). The court granted McDermott, Inc.'s unopposed motion for summary judgment and dismissed the Lopez plaintiffs' claims against McDermott with prejudice.
• Lopez v. McDERMOTT, Inc. (2018). The district court denied Federico Lopez's motion to remand, ruling that federal jurisdiction existed under OCSLA, so Shell Oil and Tennessee Gas Pipeline prevailed on removal.