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

Our case-law library holds 15 asbestos decisions from the U.S. District Court, Western District of Louisiana (2012–2023). Each links to our summary and the full opinion.

• Kind of court: Federal district court

Decisions

• Short v. Honeywell International, Inc. (2023). The court granted DuPont's Rule 12(b)(6) motion and dismissed Reginald Short's Price-Anderson Act claim against DuPont with prejudice, because asbestos is not radioactive material.
• Bouck v. Kansas City Southern Railway Co. (2021). The court denied Kansas City Southern Railway's partial motion for summary judgment, holding that the Locomotive Inspection Act does not bar the plaintiff Bouck's FELA claims against the railroad for asbestos exposure from locomotives and parts.
• Bordelon v. Atlantic Richfield Co. (2017). The magistrate judge recommended granting plaintiff Mary Bordelon's motions to amend her complaint to add a non-diverse defendant and to remand to state court, rejecting removing defendant Expro's claims of federal jurisdiction.
• Storer v. Crown Cork & Seal Company (2017). The magistrate judge granted plaintiffs' third motion to compel Trane US, Inc.'s Rule 30(b)(6) deposition, overruled Trane's objections, and ordered a prepared witness, a $2,000 fee payment and reimbursement of deposition costs.
• Storer v. Crown Cork & Seal Company, Inc. (2017). The court denied Trane US, Inc.'s motion for partial summary judgment on economic damages, leaving the plaintiffs' claims for lost earnings and loss of support, including income through the Company, for the jury.
• Hayes v. Asbestos Corp. Ltd. (2015). The court granted summary judgment to Honeywell (successor to Bendix) and Ford, dismissing plaintiffs' claims against them with prejudice for lack of product identification evidence.
• Hayes v. Asbestos Corp. Ltd. (2015). The court granted summary judgment for Honeywell (successor to Bendix) and Ford, dismissing with prejudice the Hayes sons' claims over their father's mesothelioma death.
• Hayes v. Asbestos Corp. Ltd. (2015). The district court granted CNH America's motion for summary judgment and dismissed the plaintiffs' claims against CNH with prejudice, because plaintiffs showed no evidence Mr. Hayes was exposed to asbestos from CNH's tractor gaskets.
• Hayes v. Asbestos Corp. Ltd. (2015). The court granted Toyota Motor Sales, U.S.A., Inc.'s motion for summary judgment and dismissed the plaintiffs' claims against Toyota with prejudice.
• Davidson v. Georgia Pacific LLC (2014). The court excluded the plaintiffs' causation expert's "every exposure" testimony and granted summary judgment to CertainTeed, Beazer East, Georgia-Pacific and Union Carbide, dismissing the plaintiffs' claims with prejudice and dismissing the third-party complaints as moot.
• Davidson v. Georgia Pacific LLC (2014). The court granted partial summary judgment for defendants Union Carbide, CertainTeed, Beazer East and Georgia-Pacific, dismissing the plaintiffs' survival claim as prescribed.
• Davidson v. Georgia Pacific, LLC (2014). The court held that plaintiffs' expert disclosures did not meet Rule 26, allowed plaintiffs to file full reports for Dr. Schwartz and Mr. Ewing with an extended deadline and a continued trial, and struck Dr. Brody; the defendants' motion to strike was granted only as to Brody.
• Hayes v. Asbestos, Corp., Ltd. (2014). The court granted Ford Motor Company's Rule 12(b)(6) motion, holding that the Louisiana Products Liability Act was the plaintiffs' exclusive remedy against Ford and dismissing the non-LPLA claims and the punitive damages claim against Ford.
• Garrie v. Aiu Insurance Company (2013). The court granted the plaintiffs' motion to remand to Louisiana state court, finding no binding settlement with the non-diverse Cities Services executive officers before removal, so Texaco's removal failed; the request for attorney's fees was denied.
• Davidson v. Georgia Pacific, LLC (2012). The court granted the Davidson family's motion to remand, rejecting Georgia-Pacific's claim that Graves and Taylor were improperly joined, and sent the case back to the 26th Judicial District Court in Bossier Parish, Louisiana.