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

• Scott v. Metropolitan Life Ins. Co. (4th Circuit, 1998). The court of appeal affirmed the trial court's judgment sustaining the defendants' exceptions of prescription, so the claims of Reilly's wife and children against Kaiser Aluminum and the other defendants were time-barred.
• Gauthe v. Asbestos Corp. Ltd. (5th Circuit, 1997). The court affirmed the trial court's ruling sustaining the Avondale executive officers' and insurer's exception of no cause of action against the Gauthe family's wrongful death claim, and remanded to let plaintiffs amend their petition.
• Potter v. Patterson (4th Circuit, 1997). The appeals court granted the plaintiffs' motion for new trial and vacated the 1992 dismissal with prejudice except as to settling defendant MSA, so the case was reinstated against the other defendants and remanded, against the defendants who appealed.
• Egan v. Kaiser Aluminum & Chemical Corp. (4th Circuit, 1996). The appeals court affirmed the bench-trial judgment against Owens-Corning Fiberglass (OCF), including the $350,000 general damages award and the set-off ruling, and rejected the plaintiff's request for punitive damages under Ohio law.
• Gautreaux v. Rheem Mfg. Co. (4th Circuit, 1996). The court of appeal granted Rheem's writ application but affirmed the trial court's denial of Rheem's exception of no cause of action, so the plaintiffs' tort suit against Rheem continued (two judges dissented).
• Held v. Avondale Industries, Inc. (4th Circuit, 1996). The Louisiana Court of Appeal reversed the summary judgment that had dismissed the Held family's claims against Avondale Industries and remanded for further proceedings, so the plaintiffs prevailed on appeal.
• Johnson v. Ashland Oil, Inc. (1st Circuit, 1996). The court reversed the summary judgment that had dismissed the Johnson family's tort claims against Morton International and remanded the case for further proceedings.
• Thomas v. Armstrong World Industries (1st Circuit, 1996). The appeals court reversed the dismissal of Royce Thomas's claim against his employer Anco Insulations, which had won on an exception of no cause of action, and remanded for further proceedings.
• Atkinson v. Celotex Corp. (3rd Circuit, 1994). The court affirmed the jury verdicts and judgment, finding no manifest error or abuse of discretion, so the nine plaintiffs who appealed (or their heirs) and Faye Myers did not get higher damages or a consortium award against Owens-Illinois, Keene and INA.
• Quick v. Murphy Oil Co. (4th Circuit, 1994). The appeals court reversed the $46,000 contribution judgment that the trial court had entered for Owens Corning Fiberglas against Garlock, because Quick's exposure to Garlock's asbestos products was trivial and not a cause in fact of his asbestosis.
• White v. Johns-Manville Sales Corp. (5th Circuit, 1982). The court affirmed the trial court's award of permanent total disability workers' compensation benefits to Rayfield White, Sr. against Johns-Manville Sales Corporation, denying Johns-Manville's request for a remand.

Federal appeals courts

U.S. Court of Appeals, Fifth Circuit

• Marsh v. Chas Kurz & Company (2024). The Fifth Circuit affirmed the district court's exclusion of the plaintiffs' expert reports and its summary judgment for Chas Kurz, Chiquita, Farrell Lines and National Bulk Carriers, because there was no evidence Marsh was exposed to asbestos on their vessels.
• Barrosse v. Huntington Ingalls, Incorporated (2023). The Fifth Circuit reversed the district court's summary judgment for Huntington Ingalls (Avondale), holding Barrosse's state-law tort claims were not preempted by the LHWCA, and remanded for further proceedings in favor of the Barrosse plaintiffs.
• Williams v. Boeing Company (2022). The Fifth Circuit reversed summary judgment for Boeing on the survival action and remanded, directed the district court to reconsider the plaintiffs' request for more discovery, and affirmed dismissal of the wrongful death claims as time-barred.
• Williams v. Lockheed Martin Corporation (2021). The Fifth Circuit affirmed the district court's judgment for Lockheed Martin, holding that federal officer removal was proper, the discovery orders were not an abuse of discretion, summary judgment was correct, and the $10,000 sanction against plaintiffs' attorney stood.
• Williams v. Seidenbach (2021). The Fifth Circuit affirmed summary judgment for McCarty Corporation and Taylor Seidenbach, Inc. against the Williams children, after finding the case was properly removed and that no evidence tied either defendant's products to Williams' exposure.
• Adams v. Ethyl Corporation (2020). The Fifth Circuit affirmed the judgment for the Gaddy children against Ethyl Corporation, including the reduction of general damages to $3,000,000, and rejected both Ethyl's challenges and the plaintiffs' challenge to the jury's allocation of fault to Owens-Illinois.
• Chevron Oronite Company, LLC v. Jacobs Field Services North America, Incorporated (2020). The Fifth Circuit affirmed the district court's judgment for Chevron, requiring Jacobs to indemnify Chevron for the full $550,000 Bourgeois settlement plus about $256,000 in attorney's fees and costs.
• Latiolais v. Huntington Ingalls, Incorporated (2020). The en banc Fifth Circuit vacated the district court's order remanding the case to state court and remanded for further proceedings in federal court, ruling for Avondale (Huntington Ingalls) and against Latiolais on removal.
• Williams v. Seidenbach (2020). The en banc Fifth Circuit held that the district court validly entered partial final judgment under Rule 54(b) for Taylor Seidenbach and McCarty, so the Williamses' appeal could proceed, and returned the cases to the panel for a ruling on the merits.
• Williams v. Taylor Seidenbach, Incorporated (2020). The en banc Fifth Circuit held that the district court properly entered partial final judgment under Rule 54(b) for Taylor Seidenbach and McCarty after the plaintiffs voluntarily dismissed the remaining defendants, so appellate jurisdiction existed, and returned the appeals to the panel to decide the merits.
• Latiolais v. Huntington Ingalls, Incorporated (2019). The Fifth Circuit affirmed the district court's order remanding the case to Louisiana state court, ruling for plaintiff Latiolais and against Avondale (Huntington Ingalls) because circuit precedent required a causal nexus that Avondale had not shown; one judge dissented.
• Schindler v. Dravo Basic Materials Company, Incorporated (2019). The Fifth Circuit affirmed the district court's exclusion of plaintiff Schindler's two specific-causation experts and its summary judgment for defendant Dravo Basic Materials.
• Williams v. Taylor Seidenbach, Incorporated (2019). The Fifth Circuit dismissed the plaintiffs' appeal for lack of appellate jurisdiction, so Taylor-Seidenbach and McCarty kept the MDL court's summary judgment; a later Rule 54(b) judgment did not cure the finality defect.
• Legendre v. Huntington Ingalls, Incorporated (2018). The Fifth Circuit affirmed the district court's order remanding the case to Louisiana state court, ruling that Huntington Ingalls (Avondale) failed to show the causal nexus needed for federal officer removal, so the Legendre brothers prevailed.
• Melancon v. Lamorak Insurance Company (2018). The Fifth Circuit affirmed the district court's order remanding the case to Louisiana state court, ruling against Huntington Ingalls and the other defendants and for the Melancons.
• Morgan v. Huntington Ingalls, Incorporated (2018). The Fifth Circuit vacated the district court's remand order, holding Huntington Ingalls (Avondale) removed on time, and remanded for the district court to decide the federal officer requirements; it dismissed Murphy Oil's appeal for lack of standing.
• Templet v. Huntington Ingalls, Incorporated (2018). The Fifth Circuit affirmed the district court's order remanding Templet's asbestos suit to Louisiana state court, rejecting removal by Huntington Ingalls, Albert Bossier Jr. and Lamorak Insurance.
• Williams v. Taylor-Seidenbach, Incorporated (2018). The Fifth Circuit dismissed the Williams children's consolidated appeals against Taylor-Seidenbach, McCarty, Boeing and Lockheed Martin for lack of appellate jurisdiction because the district court never entered a final decision, so the defendants prevailed on the jurisdictional point.
• Davidson v. Georgia-Pacific, LLC (2016). The Fifth Circuit vacated the district court's judgment, which had denied remand and dismissed all claims, and remanded for an order sending the case back to state court, ruling for the Davidson plaintiffs over Georgia-Pacific, CertainTeed and the other defendants.
• Halphen v. Johns-Manville Sales Corp. (1985). The en banc Fifth Circuit certified a question to the Louisiana Supreme Court asking whether a strict products liability manufacturer may avoid liability by showing it did not and could not have known of its product's danger; it did not decide the appeal between Halphen and Johns-Manville.
• In re Davis (1984). The Fifth Circuit denied the asbestos workers' petition for a writ of certiorari to lift the Louisiana district court's stay, which enforced the Johns-Manville bankruptcy court's stay, and denied without prejudice their petition for a writ of prohibition against the contempt proceeding, so Manville and its insurers prevailed.

Federal district courts

U.S. District Court, Eastern District of Louisiana

• LeBOEUF v. Huntington Ingalls, Incorporated (2025). The court granted plaintiff Nolan LeBoeuf Jr.'s motion for partial summary judgment, holding that defendant Huntington Ingalls (Avondale) is not entitled to Boyle or Yearsley government contractor immunity against his failure-to-warn and failure-to-protect claims.
• Prude v. Fidelity and Casualty Insurance Company OF New York (2025). The court granted Avondale's unopposed motion for partial summary judgment, and Travelers' joinder in part, dismissing the surviving plaintiffs' wrongful death claims against Avondale and Travelers with prejudice.
• Sentilles v. Huntington Ingalls Incorporated (2025). The magistrate judge recommended granting in part and denying in part Pelnor's motion: Pelnor may supplement its crossclaim with a bad faith claim against First State for events on or after January 20, 2025, but not for events between September 4, 2024 and January 20, 2025.
• Sentilles v. Huntington Ingalls Incorporated (2025). The court ruled on Avondale's objections to plaintiff Sentilles's trial exhibits: it overruled some, sustained others (including expert reports and several publications as hearsay), deferred many to trial, and dismissed several as moot.
• Sentilles v. Huntington Ingalls Incorporated (2025). The court granted Pelnor's motion for partial summary judgment and denied First State Insurance Company's cross-motion, holding that First State must indemnify Pelnor for all of its reasonable defense attorney's fees and costs.
• Thibodeaux v. General Electric Company (2025). The court granted Avondale's unopposed motion for summary judgment and dismissed Cynthia Thibodeaux as a plaintiff.
• Constanza v. Sparta Insurance Company (2024). The district court denied the plaintiffs' motion to remand, holding that Avondale (Huntington Ingalls) properly removed the case under the federal officer removal statute, so the case stays in federal court.
• Ditcharo v. Union Pacific Railroad Company (2024). The district court denied the plaintiffs' motion to remand, holding that Avondale properly removed under the federal officer removal statute and that the court had supplemental jurisdiction over the remaining claims, including the FELA claims against Union Pacific.
• Evans v. Taylor-Seidenbach, Inc. (2024). The court granted Georgia-Pacific Consumer Products LP's motion to dismiss for failure to state a claim, ruling against the Evans daughters, who did not oppose it.
• Gomez v. Huntington Ingalls Inc. (2024). The court granted Gomez's motion for partial summary judgment against Avondale, barring its government contractor immunity defenses on the failure-to-warn and safety-measure claims, and denied the motion without prejudice as to Hopeman Brothers because of its bankruptcy stay.
• Hotard v. Avondale Industries, Inc. (2024). The court denied, without prejudice, Patricia Hotard's motions to dismiss the indemnity and defense claims brought against her by Avondale and Hopeman Interests, and also denied Hopeman Interests' motion for declaratory judgment.
• Hotard v. Avondale Industries, Inc. (2024). The court granted Avondale's partial summary judgment motion, granted Hopeman Interests' motion in part and denied it in part, and denied SeaRiver's cross-motion, so SeaRiver did not obtain indemnity from Avondale or Hopeman Interests at this stage.
• Jacob v. Louisiana Insurance Guaranty Association (2024). The district court denied the plaintiffs' motion to remand, holding that General Electric's federal officer removal was timely and that the court had subject matter jurisdiction.
• Johnson v. Johnson & Johnson (2024). The court granted in part the motion to dismiss filed by Johnson & Johnson and LTL Management: it dismissed with prejudice Ashley Johnson's unopposed construction/composition defect claim but let her express warranty claim go forward.
• Lagrange v. Eagle, Inc. (2024). The court stayed the entire case against Avondale and the other defendants until March 11, 2025, because of co-defendant Hopeman Brothers' Chapter 11 bankruptcy, over the plaintiffs' objection and in line with Avondale's request, with a reassessment of the stay to follow on motion.
• Lagrange v. Eagle, Inc. (2024). The court granted plaintiff Irma Lee LaGrange's motion for partial summary judgment, ruling that defendants Huntington Ingalls and Hopeman Brothers may not use the Government Contractor Defense, and denied Hopeman's motion for leave to file a surreply.
• Lagrange v. Eagle, Inc. (2024). The court denied plaintiff Irma Lee LaGrange's motion to decline supplemental jurisdiction and remand to state court, so the case stays in federal court against Avondale (Huntington Ingalls), Hopeman Brothers and Liberty Mutual.
• Legendre v. Huntington Ingalls Incorporated (2024). The court denied summary judgment to Eagle and Bayer, and granted GE, Paramount Global and Foster-Wheeler partial summary judgment on the design defect and warranty claims while denying the rest of their motions, so the plaintiff Eleanor Legendre mostly kept her case.