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

• Graves v. Riverwood International Corp. (2nd Circuit, 2007). The Court of Appeal affirmed the trial court's denial of Olin Corporation's motions for JNOV and new trial, leaving the plaintiffs' verdict in place (general damages cut by the trial court from $4,500,000 to $3,000,000).
• Mouton v. Morton International, Inc. (3rd Circuit, 2007). The appeals court affirmed the trial court's denial of the motion by Terrell and Teryha Mouton to vacate the dismissal, so the settlement-based dismissals in favor of Morton, the executive defendants and their insurer stood.
• Palermo v. Port of New Orleans (4th Circuit, 2007). The appeals court reversed the trial court's bench-trial judgment for the plaintiffs, finding the Dock Board owed no duty and that the evidence did not show Dixie, Buck Kreihs and Eagle substantially contributed to the exposures.
• Terrance v. Dow Chemical Company (1st Circuit, 2007). The court affirmed the judgment on the jury's $5,000,000 general damages verdict for the Terrance estate and surviving spouse against Exxon, and denied Exxon's JNOV, new trial and remittitur motions.
• Chaisson v. Avondale Industries, Inc. (4th Circuit, 2006). The Louisiana Court of Appeal, Fourth Circuit, affirmed the jury judgment for the Chaisson family against H.B. Zachry Company, including its 42.58% fault share and the wrongful death and survival awards, and rejected both Zachry's appeal and the family's cross-appeal for higher survival damages.
• Palermo v. Port of New Orleans (4th Circuit, 2006). The appeals court reversed the trial court's judgment for the plaintiffs against the Dock Board, Eagle, Buck Kreihs and Dixie, finding no duty on the Dock Board and no proof that the ship repair companies' work substantially contributed to the diseases.
• Thomas v. AP Green Industries, Inc. (4th Circuit, 2006). The appeals court amended the judgment to cut the surviving spouse's wrongful death award against Entergy Louisiana from $2.75 million to $1 million, and otherwise affirmed the jury verdict for the plaintiffs, including the directed verdict for McCarty and the jury's finding of no fault by Johns Manville.
• Adams v. Asbestos Corp. Ltd. (2nd Circuit, 2005). The court of appeal affirmed summary judgment for Eaton Corporation, dismissing the survival action of Walter Counts' heirs because workers' compensation was their exclusive remedy.
• Adams v. Owens-Corning Fiberglas Corp. (1st Circuit, 2005). The appeals court affirmed dismissal of Jefferson's tort claim against Cooper/T. Smith for asbestosis but reversed dismissal of his other claims, including colon cancer, and remanded.
• Zimko v. American Cyanamid (4th Circuit, 2005). The appeals court reversed the judgment against Tate & Lyle because workers' compensation exclusivity barred it, affirmed liability and the survival award against American Cyanamid, and cut the wrongful death award against American Cyanamid to 50% by allocating fault equally between the two companies.
• Alexander v. Thiokol Corp. (3rd Circuit, 2004). The court reversed the trial court's grant of Morton's exception of no cause of action, which had dismissed the workers' suit, and remanded for further proceedings.
• Breaux v. Avondale Industries, Inc. (4th Circuit, 2004). The Louisiana Court of Appeal granted the Breaux plaintiffs' writ application, reversed the trial court's partial summary judgment for Avondale/Northrop Grumman and Peter Territo, and remanded for further proceedings.
• Cichirillo v. Avondale Industries (4th Circuit, 2004). The appeals court reversed the trial court's ruling that Cichirillo's claim against Northrop Grumman (Avondale), Flintkote, Territo, Owens-Illinois, Uniroyal, Hopeman Brothers and Charles Johnson was prescribed, and remanded the case for further proceedings.
• Graves v. Riverwood Intern. Corp. (2nd Circuit, 2004). The court of appeal affirmed the partial summary judgment for Olin on the third-party beneficiary contract claim, reversed it on the assumption-of-duty claim, and remanded for further proceedings, so the plaintiffs partly won and Olin partly won.
• Roberts v. Owens-Corning Fiberglas Corp. (1st Circuit, 2004). The appeals court declared the second JNOV a nullity, reversed the first JNOV in part to reinstate fault findings against CertainTeed, Fibreboard and Flintkote, and amended the judgment against Exxon to a virile share of the survival award and 21% solidary liability on the wrongful death awards, affirming as amended.
• Torrejon v. Mobil Oil Co. (4th Circuit, 2004). The appeals court affirmed the trial court's judgment notwithstanding the verdict for plaintiff Christina Torrejon against Mobil Oil Company, including the $1.8 million general damage award, and refused to reduce Mobil's liability for the settling manufacturers' fault.
• Vodanovich v. AP Green Industries, Inc. (4th Circuit, 2004). The appeals court affirmed summary judgment for Sank, Inc. (formerly Buck Kreihs Co.) and Dixie Machine Welding and Metal Works, dismissing the wrongful death claim of the longshoreman's estate for lack of proof of exposure.
• Booth v. Acands (4th Circuit, 2003). The appeals court granted 3M's writ in part, reversed the trial court's denial of summary judgment, and dismissed the plaintiffs' claims against 3M for lack of proof that Joe Booth was exposed to 3M's asbestos tape; the protective order request was moot.
• Breaux v. Avondale Industries, Inc. (4th Circuit, 2003). The appeals court reversed the trial court's judgment that had dismissed the Breauxes' Louisiana suit on exceptions of no right of action (claim splitting) and res judicata, and remanded for further proceedings, ruling for the plaintiffs against Avondale, Texaco and the other defendants.
• Ewing v. Armstrong World Industries, Inc. (3rd Circuit, 2003). The court of appeal affirmed the trial court's judgment sustaining the exception of no cause of action filed by the executive officers and insurers, so the Ewing survivors' loss of consortium claims were dismissed.
• Faulkner v. McCarty Corp. (4th Circuit, 2003). The Court of Appeal affirmed the bench-trial judgment for the Dock Board, holding it owed no legal duty to the longshoreman and was not strictly liable, so the Faulkner plaintiffs lost.
• Hamilton v. Anco Insulation, Inc. (1st Circuit, 2003). The appeals court reversed the trial court's summary judgment for employer C F Industries against its excess insurer Allianz Underwriters, holding the thirty-six month claim provision was not an impossible condition, and costs went to C F Industries.
• Hughes v. Olin Corporation (2nd Circuit, 2003). The appeals court reversed the trial court's judgment granting Olin Corporation's exception of prescription and remanded, so Letha Hughes's suit against Olin was revived.
• Jefferson v. Cooper/T. Smith Corp. (4th Circuit, 2003). The appeals court reversed the summary judgment that had dismissed the Dock Board from the plaintiffs' suit and remanded for further proceedings, ruling for the plaintiffs against the Dock Board; rehearing was denied.
• Kemp v. Armstrong World Industries (1st Circuit, 2003). The appeals court affirmed the trial court's partial summary judgment for Philip Morris, which limited the Kemp family's claims against the tobacco company to those available under the Louisiana Products Liability Act.
• Landry v. Avondale Industries, Inc. (4th Circuit, 2003). The appeals court reversed the trial court's summary judgment for Reilly-Benton, which had applied the Comparative Fault Act to the wrongful death claim, and remanded the case, siding with the Landry plaintiffs and co-employee relators.
• Mazoue v. Avondale Industries, Inc. (4th Circuit, 2003). The court affirmed the trial court's rejection of the grandchildren's claims, holding that the decedent's surviving daughter, Ms. Marsh, was the only party entitled to continue the action and keep the settlement.
• Watters v. Department of Social Services (4th Circuit, 2003). The appeals court granted Christine Songy's writ in part, amending the judgment to grant her partial summary judgment that she has malignant mesothelioma, and affirmed the trial court's denial of her other requested findings, so the defendants prevailed on those.
• Estate of Patrick v. BD. OF Sup'rs OF Univ. (4th Circuit, 2002). The appeals court granted LSU's writ application but affirmed the trial court's order quashing LSU's subpoena for the deceased plaintiff's tissue samples and slides, ruling for the plaintiffs, and struck LSU's new SV40 test argument raised in its reply brief.
• Hebert v. Anco Insulation, Inc. (1st Circuit, 2002). The court affirmed dismissal of the claims against Hoyle, Gordon and Holder for lack of personal jurisdiction, but vacated the amended judgment against Dow on the merits and remanded for a determination of whether plaintiffs reserved their rights against Dow when they settled with the manufacturers.
• Hennegan v. Cooper/T. Smith Stevedoring Co. (4th Circuit, 2002). The Louisiana Court of Appeal affirmed the bench-trial judgment for Mary Hennegan and her late husband's estate against Garlock, Inc., which had to pay the damages less Cooper/T. Smith's 20 percent share.
• Hoerner v. Anco Insulations, Inc. (4th Circuit, 2002). The appeals court affirmed most of the jury verdict for the Hoerners but reversed liability for McCarty as employer of other insulators, for Mr. Schuber III, Mr. McCarty and Home Insurance, and four settling-defendant credits, and amended the judgment to $306,111.07.
• Abadie v. Metropolitan Life Ins. Co. (5th Circuit, 2001). The appeals court affirmed in part and reversed in part the judgment for Earlven Gauthe: it reversed liability findings against four Avondale executive officers and reinstated four settling manufacturers in the share calculation, while upholding liability of Westinghouse (CBS), ACL, O'Donnell and Territo, and on rehearing set the judgment against those four at $541,189.40.
• Abadie v. Metropolitan Life Ins. Co. (5th Circuit, 2001). The appeals court set aside the wrongful death awards, reversed liability for executive officers Chantrey and Kelmell, reinstated three manufacturers (Babcock & Wilcox, Rapid American, Rock Wool) in the fault-share calculation, and otherwise affirmed, entering judgment of $377,332.86 for the Clark plaintiffs against officers Territo and O'Donnell.
• Abadie v. Metropolitan Life Ins. Co. (5th Circuit, 2001). The appeals court reversed the trial judge's JNOVs that had raised the seven plaintiffs' damage awards and reinstated the jury's awards, affirmed liability of Asbestos Corporation Limited and four Avondale safety officers (O'Donnell, Kennedy, Chantrey, Territo; not Chantrey as to Badeaux), reversed liability of two other officers (Kelmell, Roberts), and recalculated each judgment by virile shares, including the Johns-Manville trust and four of the settling manufacturers.
• Austin v. Abney Mills, Inc. (2nd Circuit, 2001). The appeals court amended the trial court's summary judgment so that it dismissed only Hogue's negligence claims against employers International Paper and Arizona Chemical (which won), and affirmed as amended; his intentional tort claims remain pending.
• Crooks v. Metropolitan Life Ins. Co. (3rd Circuit, 2001). The court of appeal reversed the summary judgments for the defendants, holding that the 1999 amendment to Article 2315 could not be applied retroactively to defeat the plaintiffs' medical monitoring claims, and remanded for further proceedings.
• Dufrene v. Avondale Industries, Inc. (4th Circuit, 2001). The appeals court granted Avondale's writ, reversed the trial court's denial of its exception of no cause of action/no right of action, and dismissed Corky Dufrene, as administrator and tutor of the granddaughter's estate, as a plaintiff.
• Emery v. Owens-Corporation (1st Circuit, 2001). The court affirmed the jury-based judgment against premises owner Exxon ($195,000 to Wayne Bendily and $18,750 to Mary Bendily), reversed the jury's liability findings against three manufacturers, and modified the judgment to delete the comparative-fault language as surplusage.
• Matrana v. Avondale Indus., Inc. (4th Circuit, 2001). The Fourth Circuit denied Avondale Industries' application for supervisory writs, leaving the lower court ruling in place for plaintiff Matrana.
• Brunet v. Avondale Industries, Inc. (5th Circuit, 2000). The court affirmed the judgment dismissing the Brunet family's claims against Avondale Industries, holding that workers' compensation was their exclusive remedy, and it dismissed the appeal as to Avondale's executive officers and their insurers.
• Lilley v. Board OF Sup'rs OF State Univ. (3rd Circuit, 1999). The court affirmed the trial court's awards of $30,000 and $15,000 in general damages to firefighters against the LSU Board of Supervisors, and reversed the $12,000 per plaintiff medical monitoring awards.
• Asbestos v. Bordelon, Inc. (4th Circuit, 1998). The court affirmed the jury verdicts for the plaintiffs against Owens-Corning Fiberglas (Kaylo insulation) and Rock Wool (One Shot cement), reversed the judgments against Garlock, A.W. Chesterton and Flexitallic, affirmed the judgments against Abadie, Naquin and Terrebonne and the dismissal of Plaisance's claim as prescribed, and ordered a virile-share reduction for Avondale's settlement that, on rehearing, applies only to Duronslet.
• Breaux v. Mine Safety Appliances Co. (5th Circuit, 1998). The appeals court reversed the trial court's grant of the exception of res judicata for Mine Safety Appliances, holding that the 1983 release did not bar plaintiff Breaux's later mesothelioma suit.
• Callaway v. Anco Insulation, Inc. (4th Circuit, 1998). The court granted Anco's writ in part, reversing the denial of summary judgment on the wrongful death and intentional tort claims (Anco won), but left in place the denial as to the survival action in negligence (plaintiffs won).
• Gauthe v. Asbestos Corp. Ltd. (5th Circuit, 1998). The court of appeal affirmed the trial court's dismissal with prejudice of the heirs' wrongful death claims against Avondale Industries, so Avondale won and the Gauthe heirs lost.
• Meredith v. Asbestos Corp., Ltd. (4th Circuit, 1998). The court granted the supervisory writs, reversed the denial of summary judgment for Todd and its insurers on the wrongful death actions and dismissed them, but affirmed the denial of summary judgment on the Meredith survival action, which was remanded.
• Rareshide v. Mobil Oil Corp. (4th Circuit, 1998). The appeals court affirmed most of the workers' compensation judge's ruling for refinery worker Carl Rareshide against Mobil Oil and its insurer National Union. It cut his temporary total disability benefits to six months, awarded him supplemental earnings benefits afterward, added $500 in appeal attorney's fees, and held his heart attack not compensable.
• Re' v. Owens-Corning Fiberglas Corp. (4th Circuit, 1998). The Court of Appeal affirmed the trial court's transfer of Diana Re's Orleans Parish suit to Jefferson Parish, ruling for defendants Garlock and W.R. Grace over her objection; one judge dissented.
• Ruckstuhl v. Owens Corning Fiberglas Corp. (1st Circuit, 1998). The appeals court granted H & V's writ, reversed the trial court's denial of its exception of lack of personal jurisdiction, and dismissed Hollingsworth & Vose as a defendant, so H & V won and the Ruckstuhls lost on this issue.