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 appeals courts

Louisiana Court of Appeals

• Lee v. American Supply Co. (3rd Circuit, 2019). The court of appeal reversed the trial court's judgment sustaining Baker Hughes' exception of prescription, which had dismissed the survival claims of David Lee's widow and children, and remanded the case for further proceedings, ruling for the family.
• McMaster v. Union Carbide Corp. (4th Circuit, 2019). The appeals court granted the writ of Union Carbide and Montello and modified the trial court's denial of their motion to quash, so that plaintiff McMaster must identify specific topics for the corporate witnesses, while otherwise upholding the trial subpoenas.
• Sizemore v. Reilly-Benton Company, Inc. (4th Circuit, 2019). The court of appeal affirmed the trial court's dismissal of the plaintiff's claims against Viking Pump without prejudice, which mooted Viking's pending summary judgment motion; Viking lost and the plaintiff prevailed.
• Succession OF Adams (2nd Circuit, 2019). The appeals court affirmed summary judgment for Nancy Megas, executrix of Jacob Adams's succession, against legatee Diane Peoples, holding that the wrongful death and survival claims were not succession assets and the will's bequest of a share of the lawsuit was ineffective.
• Fagot v. Dow Chemical Company (1st Circuit, 2018). The appeals court affirmed partial summary judgment for Honeywell, holding that Turner must defend and indemnify it, affirmed denial of Turner's own summary judgment motion, and denied Turner's writ application.
• Fletcher v. Anco Insulations, Inc. (4th Circuit, 2017). The Louisiana Court of Appeal affirmed the trial court's judgment after a bench trial that James Fletcher was Exxon's statutory employee, which favored Exxon over Fletcher; Chief Judge McKay dissented.
• Hayden v. 3M Co. (4th Circuit, 2017). The appeals court reversed the trial court's order quashing trial subpoenas served on the out-of-state corporate defendants, siding with plaintiffs Thomas and Jacqueline Hayden, and remanded for further consideration.
• Romano v. Metropolitan Life Ins. Co. (4th Circuit, 2017). The court affirmed the jury's liability and causation findings against Union Carbide and refused it a credit for Johns-Manville's fault, but reversed the damages ruling and raised the general damages award for the Romanos from $500,000 to $1,500,000.
• Williams v. Placid Oil Company (3rd Circuit, 2017). The court affirmed in all respects the bench-trial judgment for the Williams family against Ingersoll-Rand, including the liability findings, fault allocations and damage awards, and assessed costs to Ingersoll-Rand.
• Blow v. OneBEACON America Insurance Company (4th Circuit, 2016). The appellate court granted the plaintiffs' writ, agreed that Orleans Parish was improper venue for the direct action claims against OneBeacon as insurer of six executive officers (a win for OneBeacon), but amended the judgment to delete the dismissal and remanded for transfer to a proper venue (a partial win for the Blow plaintiffs).
• Boudreaux v. Bollinger Shipyard (4th Circuit, 2016). The appeals court affirmed the trial court's exclusion of the plaintiffs' pathologist and its summary judgment dismissing the Boudreaux family's claims against Trinity Industries and its insurers, so Trinity and the insurers won and the family lost.
• Sutherland v. Alma Plantation, LLC (4th Circuit, 2016). The court of appeal reversed the trial court's partial summary judgment for Alma Plantation, L.L.C. on the issue of duty and remanded to the plaintiffs' benefit for further proceedings.
• Jordan v. Thatcher Street, LLC (2nd Circuit, 2015). The appellate court affirmed summary judgment for Progressive Care Center (formerly Virginia Hall Nursing Home) dismissing the Jordan plaintiffs' premises liability claims.
• Oddo v. Asbestos Corporation Ltd. (4th Circuit, 2015). The appeals court reversed the judgment against Clariant/Southern Talc, affirmed Ford's liability, reallocated fault to Ford 65%, Union Carbide 25% and Higgins 10%, and amended the survival damages award against Ford, so the plaintiffs lost against Southern Talc but kept their judgment against Ford.
• Abadie v. Asbestos Corp. Ltd. (5th Circuit, 2014). The appeal by Avondale (Huntington Ingalls) from summary judgment for third-party defendant Executone was dismissed on the parties' joint motion, because they had resolved their differences.
• Luna v. AW Chesterton Company (1st Circuit, 2014). The appeals court affirmed the $2,314,208 survival action award to the Luna siblings against Charity Hospital (LSU Board of Supervisors), overruled its prescription exception, rejected its virile share reduction and excessive-damages arguments, and deleted the court costs by agreement.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2014). The appeals court reversed the trial court's order limiting plaintiffs' expert Dr. Mark's testimony and its summary judgment for Georgia-Pacific, ruling for the plaintiffs and remanding for further proceedings.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2014). The court reversed the summary judgment that had dismissed plaintiffs' claims against Union Carbide Corporation, reversed the trial court's order limiting Dr. Eugene Mark's causation testimony, and remanded for further proceedings.
• White v. Entergy Gulf States Louisiana (1st Circuit, 2014). The court of appeal affirmed the trial court's $3.8 million survival-action general damages award for the plaintiffs against Entergy Gulf States Louisiana, over a dissent that would have capped the award at $2.8 million.
• Cook v. Asbestos Corporation Ltd. (5th Circuit, 2013). The court of appeal affirmed summary judgment for Hunt Tool Company's insurers (One Beacon, USF&G, Standard Fire, Travelers) and against the Cook family plaintiffs.
• Francis v. Union Carbide Corporation (4th Circuit, 2013). The appeals court reversed the trial court's summary judgment for Continental Insurance Company (Pendleton Shipyard's insurer) and remanded for further proceedings, ruling for plaintiff Rendon Francis.
• Landry v. Avondale Industries, Inc. (4th Circuit, 2013). The appeals court affirmed summary judgment for the Landrys on the mesothelioma diagnosis, its asbestos cause and its role in Raleigh Landry's death, but reversed summary judgment on exposure to John Crane's and Steel Grip's products, substantial-factor causation and liability, and remanded for trial.
• Watts v. Georgia-Pacific Corp. (1st Circuit, 2013). The appeals court amended the judgment to cut the Watts' damages award against Hebert Brothers to one-half (its virile share, with Dow bearing the other half) and otherwise affirmed the jury's $3,625,000 survival award for the plaintiffs, rejecting Hebert Brothers' prescription and excessive-damages arguments.
• Bougere v. Northrop Grumman Systems Corp. (5th Circuit, 2012). The appeals court affirmed the trial court's dismissal of the family's wrongful death claims against the insurers of Avondale's executive officers, because the officers were immune under La. R.S. 23:1032.
• Pierre v. Northrop Grumman Shipbuilding, Inc. (4th Circuit, 2012). The court of appeal affirmed the trial court's judgment sustaining the exceptions of no cause and no right of action and dismissing the intervention by Robin Lawyer and the Roussel law firm, so the St. Pierre Children and the defendants prevailed.
• Bozeman v. Union Carbide Corporation (2nd Circuit, 2011). The court of appeal reversed the trial court's judgment sustaining the City of Shreveport's exception of no cause of action as to the Bozemans' non-intentional tort claim and remanded, so the children (plaintiffs) prevailed over the City.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2011). The appeals court reversed the summary judgment that had dismissed Union Carbide, and reversed the order striking part of Dr. Mark's testimony, so the plaintiffs (Harris Robertson's wife and children) won and the case was sent back to the trial court.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2011). The appeals court reversed the trial court's summary judgment for Sherwin-Williams and its order striking the plaintiffs' expert Dr. Mark's causation testimony, and remanded for further proceedings, so the plaintiffs prevailed over Sherwin-Williams on appeal.
• Rome v. Asbestos Defendants (4th Circuit, 2011). The Louisiana Court of Appeal affirmed summary judgment dismissing the Romes' claims against Dover Engineered Systems, Inc. and its alleged insurer Liberty Mutual, so the defendants won and the plaintiffs lost.
• Brumley v. Akzona, Inc. (4th Circuit, 2010). The Louisiana Court of Appeal affirmed the trial court's forum non conveniens dismissal, without prejudice, in favor of the defendants, allowing the plaintiff to re-file in Texas.
• Falgoust v. Avondale Industries, Inc. (4th Circuit, 2010). The appeals court reversed the summary judgment that the trial court had granted to Hopeman Brothers and the Falgousts on Northrop Grumman's indemnity cross-claim, and remanded for an evidentiary hearing on the authenticity of the contract documents; Northrop Grumman prevailed on appeal.
• Marcel v. Delta Shipbuilding Co. (4th Circuit, 2010). The appeals court reversed the trial court's grant of Continental Insurance's exception of no right of action, which had dismissed the Marcel children's survival claim against the insurer of dissolved Delta Shipbuilding, and remanded for further proceedings.
• Marcel v. Delta Shipbuilding Company (4th Circuit, 2010). The appeals court reversed the trial court's grant of Continental Insurance's exception of no right of action, which had dismissed the Marcel children's survival claim, and remanded the case; the plaintiffs won and Continental lost.
• Marchand v. Asbestos Defendants (4th Circuit, 2010). The appeals court granted the Marchands' writ in part, vacating the district court's ruling for Continental Insurance as to the survival claim, and denied the writ as to the wrongful death claim, which it found barred by the dissolved-corporation peremptive statute.
• Pichon v. Asbestos Defendants (4th Circuit, 2010). The Louisiana Court of Appeal affirmed summary judgment for Detroit Diesel Corporation, dismissing the Pichon family's asbestos claims against it; one judge dissented.
• Boudreaux v. Able Supply Co. (3rd Circuit, 2009). The appeals court affirmed the trial court's dismissal, on forum non conveniens grounds, of the Boudreaux family's suit against the defendant companies, so the plaintiffs lost their Vermilion Parish forum and could re-file elsewhere.
• Boudreaux v. Able Supply Co. (3rd Circuit, 2009). The court of appeal granted American Cyanamid's motion to lift the stay of the appeal as to all defendants except bankrupt Lyondell Chemical Company and Millennium Petrochemicals, so the plaintiffs' appeal of the forum non conveniens dismissal could proceed against the others.
• Bourque v. Anco Insulations, Inc. (3rd Circuit, 2009). The court of appeal affirmed summary judgment for Lake Charles Stevedores, holding that Eddie Bourque Jr. and his wife could not pursue state-law claims against it because the LHWCA was their exclusive remedy.
• DiBenedetto v. Noble Drilling Company (4th Circuit, 2009). The court affirmed the dismissal of two South African companies and the bar on third party demands against dismissed defendants, but reversed summary judgments and exceptions of no cause of action that had dismissed plaintiff's claims against his stevedoring employers and their executive officers, remanding for further proceedings in plaintiff's favor.
• Hymel v. Eagle, Inc. (4th Circuit, 2009). The Court of Appeal affirmed the trial court's judgment sustaining the exception of res judicata for J.D. Roberts and Commercial Union Insurance Company, dismissing Ralph Hymel's mesothelioma claims with prejudice based on his 1998 release.
• McAskill v. American Marine Holding Co. (4th Circuit, 2009). The Louisiana Court of Appeal reversed the trial court's summary judgment for Eagle, Branton and Commercial Union and remanded for further proceedings, so plaintiff McAskill's claims go forward.
• Rando v. Anco Insulations, Inc. (1st Circuit, 2009). The appeals court affirmed summary judgment for Lou-Con, Inc., dismissing Murphy Oil's cross-claim for contractual defense and indemnity, even though it found the trial court erred in holding that secondary evidence could not prove a lost indemnity agreement.
• Benard v. Eagle, Inc. (4th Circuit, 2008). The appeals court affirmed the trial court's judgment sustaining the res judicata exception of Eagle, Inc. and OneBeacon, so all of the heirs' claims against them stayed dismissed; one judge dissented.
• Danos v. Avondale Industries, Inc. (4th Circuit, 2008). On rehearing, the court vacated its earlier opinion, reversed summary judgment for Foster Wheeler, and remanded, finding a genuine issue of material fact on Mr. Danos' exposure to asbestos from Foster Wheeler boilers.
• Danos v. Avondale Industries, Inc. (4th Circuit, 2008). The court of appeal affirmed the summary judgment for Foster Wheeler against the widow and adult children of Golzie Danos, finding no factual support that he was exposed to asbestos from Foster Wheeler products (one judge dissented, and rehearing was later granted).
• Rando v. Anco Insulations, Inc. (1st Circuit, 2008). The court affirmed the bench-trial judgment awarding Ray Rando damages against Parsons and Jacobs, rejecting both companies' challenges on liability and damages.
• Spillman v. Anco Insulations, Inc. (1st Circuit, 2008). The court of appeal affirmed the bench-trial judgment for Mr. Spillman's wife and daughter against Exxon, rejecting Exxon's workers' compensation immunity defense and upholding the $2,500,000 award, with Exxon's share set at $1,250,000.
• Tabor v. Anco Insulations, Inc. (3rd Circuit, 2008). The appeals court affirmed summary judgment for Levert-St. John against Hartford Steam Boiler on the duty to defend, the duty to indemnify and the statutory penalties, but reversed the award of fees and costs for Levert's claims against others and rendered judgment of $226,321.87.
• Thibodeaux v. Asbestos Corp. Ltd. (4th Circuit, 2008). The Louisiana Court of Appeal affirmed the summary judgment that dismissed Eagle Asbestos & Packing Company and its insurer OneBeacon, so the Thibodeauxs lost their claims against those two defendants.
• Grant v. American Sugar Refining, Inc. (4th Circuit, 2007). The appeals court reversed the summary judgment for Eagle, Inc. and remanded to the trial court, ruling for plaintiff Thelonius Grant because genuine factual issues about exposure remained and the trial court misapplied the expert-evidence standard.