Louisiana Asbestos Case Law

Asbestos decisions from Louisiana's courts and the federal courts there: 582 cases in our library so far. For what the law requires today, see Louisiana asbestos laws; for where exposure happened, see Louisiana asbestos exposure sites.

State supreme court

Louisiana Supreme Court

• 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.

State appeals courts

Louisiana Court of Appeals

• Chenet v. Colgate-Palmolive Company (4th Circuit, 2024). The Louisiana Fourth Circuit granted Colgate-Palmolive's writ application and reversed the trial court's order granting the Chenets a new trial after a defense jury verdict, so the verdict for Colgate stands.
• Craft v. Crowley Marine Services, Inc. (4th Circuit, 2024). The court of appeal granted Crowley Marine Services' writ application and vacated the trial court's judgment that had sustained Climmie Craft's res judicata exception, granted partial summary judgment and struck Crowley's defenses.
• Craft v. Eagle, Inc. (4th Circuit, 2024). The Louisiana Fourth Circuit granted Climmie Craft's writ application, reversed the trial court's rulings limiting her industrial hygiene expert Kenneth Garza to general opinions, and remanded, ruling against the defendants (Ports America Gulfport, Crowley Marine Services and their insurers).
• Ehlers v. Ports America Gulfport, Inc. (4th Circuit, 2024). The court affirmed the denial of LIGA's summary judgment motion and, in part, the grant of summary judgment for SSA Gulf, and converted the appeal of the denial of LIGA's subject matter jurisdiction exception to a writ application, which it granted but denied relief.
• Nelson v. Texaco, Inc. (4th Circuit, 2024). The appeals court granted Fleming Construction's writ, reversed the trial court's denial of summary judgment on the borrowed employee defense, denied a stay, and remanded for a hearing on the merits of that defense.
• Stauder v. Shell Oil Company (4th Circuit, 2024). On remand from the Louisiana Supreme Court, the court of appeal affirmed the judgment, entered on a jury verdict, awarding $2,750,000 in wrongful death damages to each daughter, so Union Carbide lost its challenge to the amount.
• Allen v. Eagle, Inc. (4th Circuit, 2023). The Louisiana Court of Appeal, Fourth Circuit, affirmed summary judgment for Ports America and against the Allen family plaintiffs, finding Mr. Allen's inconsistent deposition testimony was the only opposing evidence and was insufficient to show a factual dispute over his asbestos exposure while working for Ports America.
• Barker v. Anco Insulations, Inc. (5th Circuit, 2023). The appeals court affirmed summary judgment for the four former B & B executive officers, dismissing the Barker heirs' claims against them with prejudice.
• Chenet v. Colgate-Palmolive Co. (4th Circuit, 2023). The appeals court dismissed Colgate-Palmolive's appeal for lack of appellate jurisdiction because the trial court improperly certified the partial summary judgment on asbestos causation as final, and remanded the case to the trial court.
• Del Vescovo v. Air & Liquid Systems Corporation (4th Circuit, 2023). The appeals court affirmed the trial court's judgment granting the defendants' exception of prescription and dismissing, with prejudice, the claims of Sergio Nasini's widow and children, so the defendants won and the family lost.
• Everett v. Air Products and Chemicals, Inc. (4th Circuit, 2023). The court reversed summary judgment for Peter Kiewit, affirmed summary judgment for Foster Wheeler, reversed the denial of the Everetts' motion for new trial and remanded for a contradictory hearing, and dismissed the defendants' answers to the appeal as moot.
• Pete v. Boland Marine and Manufacturing Company, LLC (4th Circuit, 2023). The appeals court affirmed the judgment on the jury verdict against Ports America Gulfport, Inc. (with Cooper T. Smith and Safmarine) for Henry Pete's take-home asbestos exposure and his mesothelioma, including the $10,351,020 award, and rejected Ports America's challenges.
• Phillips v. Exxon Chemical Louisiana, LLC (1st Circuit, 2023). The appeals court dismissed the plaintiffs' appeal from the judgment on the jury verdict for Exxon Mobil because the appeal was filed too late and the court lacked jurisdiction.
• Stauder v. Shell Oil Company (4th Circuit, 2023). The court affirmed the judgment awarding each Stauder sister $2.75 million in wrongful death damages against Union Carbide and the award of judicial interest running from the original 2016 petition, rejecting Union Carbide's challenges.
• Walker v. Anco Insulations, Inc. (4th Circuit, 2023). The appeals court affirmed the jury verdict and the trial court's judgment for William Walker against Level 3 Holdings, Inc. (formerly Peter Kiewit & Sons), including its 11/21 virile share of the damages.
• Allen v. Eagle Inc. (4th Circuit, 2022). The appeals court granted the insurers' writ applications but denied relief, leaving in place the trial court's denial of summary judgment and of the motions in limine, so plaintiffs' claims against Lykes' insurers (Hartford, Lloyd's, Edinburgh) continue.
• Brindell v. Carlisle Industrial Brake and Friction, Inc. (4th Circuit, 2022). The court affirmed summary judgment for CRA Trailers (f/k/a Great Dane Trailers) and the dismissal with prejudice of the Brindell family's claims against it.
• Brindell v. Carlisle Industrial Brake and Friction, Inc. (4th Circuit, 2022). The appeals court affirmed summary judgment for Utility Trailer Manufacturing Company, rejecting the claims of the Brindell family plaintiffs.
• Everett v. Air Products & Chemicals, Inc. (4th Circuit, 2022). The appeals court granted the joint motion of the plaintiffs and Riley Power and dismissed the plaintiffs' appeal as to Riley Power, leaving the appeals against Foster Wheeler and Peter Kiewit (Level 3) pending.
• St. Romain v. Delta Southern Co., Inc. (1st Circuit, 2022). The court affirmed summary judgment for Liberty Mutual Insurance Co., which dismissed the St. Romain family's claims against it, and granted Liberty's answer to the appeal by vacating the trial court's findings that the policy was occurrence-based and ambiguous.
• Deaville v. Exxon Mobil Corporation (4th Circuit, 2021). The appeals court granted Exxon's writ, reversed the trial court's denial of Exxon's exception of improper venue, rendered judgment granting the exception (Exxon won, Deaville lost), lifted its stay, and remanded.
• Hayes v. Air & Liquid Systems Corporation (2nd Circuit, 2021). The appeals court reversed the trial court's judgment that had granted SYSTRA Engineering's exception of lack of personal jurisdiction and dismissed the Hayes family's claims, and remanded for further proceedings, so the plaintiffs won on this issue.
• Jeter v. Ameron International Corporation (4th Circuit, 2021). The court affirmed the trial court's rulings denying Turner's motion for partial summary judgment and granting the insurers' (FFIC and USF&G) motions, so Turner's third-party demand against them was dismissed.
• Lege v. Union Carbide Corporation (4th Circuit, 2021). The Fourth Circuit amended the jury judgment against Birla Carbon USA to cut the wrongful death awards to two non-testifying adult children from $500,000 to $100,000 each, and otherwise affirmed the judgment for the Leges, including the 51% fault allocation to Birla.
• Lindsay v. Ports America Gulfport, Inc. (4th Circuit, 2021). The appeals court granted the heirs' writ application, vacated the order compelling DNA testing of the heirs and the intervenors, and remanded for an evidentiary hearing, so the heirs prevailed over the intervenors on this point.
• St. Romain v. Delta Southern Co., Inc. (1st Circuit, 2021). The First Circuit dismissed the plaintiffs' appeal from the partial summary judgment ruling on Liberty Mutual's insurance coverage because the judgment lacked decretal language and was not a final appealable judgment; Liberty's answer to the appeal was also dismissed.
• Steib v. Lamorak Insurance Company (4th Circuit, 2021). The court of appeal affirmed the summary judgment dismissing Parsons Government Services and Marathon Petroleum from the Steib family's wrongful death and survival suit, so the plaintiffs lost against those two defendants.
• Bagwell v. Union Carbide Corporation (4th Circuit, 2020). On rehearing, the court vacated its earlier opinion and the trial court's November 2018 and February 2019 judgments, which had denied the Bagwells a new trial, and remanded for a new trial; the Bagwells prevailed over Union Carbide, Montello, Chevron and RMC.
• Calamia v. Parish of Jefferson (5th Circuit, 2020). The court of appeal affirmed the trial court's judgment granting the Parish of Jefferson's exception of prescription, dismissing the Calamia children's claims against the Parish.
• Courville v. Lamorak Insurance Company (4th Circuit, 2020). The appeals court reversed summary judgments for Liberty Mutual and Wausau, so the plaintiffs' claims against them continue, and affirmed summary judgment for Zurich, so the plaintiffs lost their claims against it.
• Rodrigue v. Travelers Insurance Company (4th Circuit, 2020). The appeals court reversed the district court's denial of Mr. Rodrigue's motion for refund of the unused jury deposit and remanded, so he was entitled to the deposit less $1,500.00 in jury costs.
• Bagwell v. Union Carbide Corporation (4th Circuit, 2019). The appeals court affirmed the jury's finding that Union Carbide and Montello were not at fault and the trial court's evidence and instruction rulings, but raised the survival-action general damages against RMC Holdings, increasing the total award from $1,265,000 to $1,498,333.34 in favor of the Bagwell plaintiffs.
• Bannister v. Sfb Companies, Inc. (1st Circuit, 2019). The appeal was dismissed, and on SYSTRA Engineering's writ application the court reversed the trial court's denial of SYSTRA's exception of lack of personal jurisdiction, sustained the exception and dismissed SYSTRA from the suit brought by the Bannister heirs.
• Berry v. Anco Insulations (2nd Circuit, 2019). The appeals court affirmed the jury verdict and the judgment after JNOV for Lynda Berry against Foster Wheeler, which totaled $2.25 million after Olin Corp.'s virile share was deducted, and rejected all of Foster Wheeler's assignments of error.
• Calamia v. Parish of Jefferson (5th Circuit, 2019). The appeals court vacated the trial court's judgment granting the Parish of Jefferson's exception of prescription, which had dismissed the Calamia children's claims, and remanded for further proceedings.
• Courville v. Lamorak Insurance Company (4th Circuit, 2019). The appeals court granted the plaintiffs' writ application and reversed the trial court's summary judgment that had dismissed the claims against Liberty Mutual, ruling that the 2013 settlement with Reilly-Benton could not be enforced against the tort victims.
• Craft v. Ports America Gulfport, Inc. (4th Circuit, 2019). The appeals court affirmed the $1,600,000 general damages award and the denial of JNOV on negligence against Crowley Marine Services and James J. Flanagan Shipping, but reversed the JNOV that had struck the jury's $1,000,000 future medical expenses award and reinstated that award for Craft.