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.

Federal district courts

U.S. District Court, Middle District of Louisiana

• Coleman v. Anco Insulations, Inc. (2017). The magistrate judge granted in part and denied in part the Coleman plaintiffs' motion to compel Pilkington North America to produce a Rule 30(b)(6) corporate representative, granting topic 52 and topic 40 (pre-1972 only) and denying the general dust and post-employment topics.
• Coleman v. Anco Insulations, Inc. (2017). The magistrate judge granted the unopposed motion by defendant Pilkington North America to run destructive fiber burden testing on up to 50% of the decedent's pathology materials, against the plaintiffs.
• Coleman v. Anco Insulations, Inc. (2017). The magistrate judge granted the plaintiffs' motion to substitute Pamela Coleman and Jody Coleman Nolte for the deceased William Coleman and to file an amended complaint, over Pilkington North America's objection.
• Coleman v. Anco Insulations, Inc. (2017). The magistrate judge ordered the plaintiffs' heirs to file a new motion to substitute with a proposed amended complaint that properly alleges the citizenship of all parties, and to state whether the defendants consent.
• Morgan v. Dow Chemical Company (2017). The court granted in part Curtis Morgan's motion to remand, sending the case back to Louisiana state court because Avondale's federal officer removal was untimely, and denied Morgan's request for attorneys' fees and costs.
• Signal Mutual Indemnity Association, Ltd. v. Asbestos Corporation, Ltd. (2017). The court granted the Port of Greater Baton Rouge's motion and dismissed without prejudice the claims of Signal Mutual and Baton Rouge Marine Contractors for lack of admiralty subject-matter jurisdiction.
• Coleman v. Anco Insulations, Inc. (2016). The court denied insurer Safety National's motion for summary judgment without prejudice as premature, because Pilkington had not yet had discovery on whether Safety National insured the plant.
• Weis v. Dsm Copolymer, Inc. (2016). The court adopted the magistrate judge's recommendation, granted the plaintiffs' motion to remand, and sent the case back to state court because DSM Copolymer failed to establish federal officer removal jurisdiction.
• Bartel v. Alcoa Steamship Co. (2014). The court adopted the magistrate judge's report, granted the plaintiff's motions to remand, and sent the case back to the Louisiana state court, so the removing defendants (APL and Hess) lost.
• Bartel v. Alcoa Steamship Company (2014). The magistrate judge recommended granting Plaintiff's motions to remand and returning the case to the 19th Judicial District Court in East Baton Rouge, because the Jones Act claims were not removable under § 1441 and APL had not shown a causal nexus for federal officer removal; the defendants lost.
• Genusa v. Asbestos Corp. Ltd. (2014). The district court adopted the magistrate judge's report, granted plaintiff Genusa's motion to sever and remand, and sent his claims, and BRMC's third-party claims against McKoin Trucking, back to state court while keeping BRMC's claims against the Unions.
• Genusa v. Asbestos Corporation Limited (2014). The magistrate judge recommended granting Genusa's motion to sever and remand, so that his state-law claims against the defendants and BRMC's third-party claims against McKoin Trucking go back to Louisiana state court, with only BRMC's claims against the Unions staying in federal court.
• Leonard v. Board OF Supervisors OF Louisiana State University Agricultural & Mechanical College (2014). The magistrate judge denied the plaintiffs' motion to compel discovery responses and for attorney's fees from defendant Lockheed Martin, finding no factual basis shown for exposure to a Lockheed aircraft component and no good-faith effort to confer.
• Leonard v. Board OF Supervisors OF Louisiana State University and Agriculture and Mechanical College (2014). The court granted Union Pacific Railroad Company's re-urged motion to dismiss, ruling that Union Pacific owed Royce Leonard no legal duty, so the Leonards' claims against it were dismissed.
• Sarradet v. the Dow Chemical Company (2014). The court adopted the Magistrate Judge's recommendation as modified, found the Louisiana officer-defendants improperly joined, and denied plaintiff Sarradet's motion to remand, so Dow Chemical kept the case in federal court.

U.S. District Court, Western District of Louisiana

• 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.

Federal bankruptcy courts

U.S. Bankruptcy Court, Eastern District of Louisiana

• In re Babcock & Wilcox Co. (2002). After trial, the court held that the Asbestos Claimants' Committee and the Future Claimants' Representative failed to prove Babcock & Wilcox was insolvent on July 1, 1998, so the defendants prevailed on the bifurcated solvency issue.

U.S. Bankruptcy Court, Middle District of Louisiana

• In re Friede Goldman Halter, Inc. (2019). The bankruptcy court granted Forrest Lewis, Jr.'s motion to remand, permissively abstaining and sending his suit against Trinity Industries back to the Louisiana state court after Trinity removed it.