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, Eastern District of Louisiana

• Falgout v. Anco Insulations, Inc. (2022). The court granted summary judgment to third-party defendants Foster Wheeler, GE and Amchem and dismissed Avondale's cross-claims against them.
• Falgout v. Anco Insulations, Inc. (2022). The court granted the plaintiff's motion for partial summary judgment against Avondale, ruling that Avondale could not use the Boyle or Yearsley government contractor defenses, and denied as moot the motion against Hopeman, which had settled.
• Gooding v. Liberty Mutual Ins. Co. (2022). The district court denied seven defendants' motions for summary judgment (Bayer CropScience, Swiftships, Foster Wheeler, General Electric, ViacomCBS, Bollinger Shipyards Lockport, Boland Marine), leaving the plaintiffs' claims for trial.
• Gooding v. Liberty Mutual Ins. Co. (2022). The district court denied Buck Kreihs's motion for summary judgment against the plaintiffs' claims and Avondale's and Bossier's crossclaims, so the claims against Buck Kreihs go forward.
• Gooding v. Liberty Mutual Ins. Co. (2022). The court granted Travelers Indemnity Company's summary judgment motion and dismissed with prejudice the plaintiffs' direct-action claims against it, because there was no evidence the decedent was at Swiftships during Travelers' coverage period.
• Hotard v. Avondale Industries, Inc. (2022). The district court denied SeaRiver Maritime's motion for summary judgment, joined by Exxon Mobil, so the plaintiff's negligence and strict liability claims against them go forward.
• King v. Metropolitan Life Ins. Co. (2022). The court granted Shreveport Rubber & Gasket Co.'s unopposed motion for summary judgment and dismissed plaintiff Glen King's claims against it, because he could not show exposure to asbestos from its products.
• Labarre v. Bienville Auto Parts Inc. (2022). The court granted Bienville Auto Parts' summary judgment motion on the strict liability "professional vendor" claim, but denied it on the negligence claim against Bienville as a non-manufacturer seller and on its sophisticated-user defense, so plaintiff Birdsall kept those claims.
• Matherne v. Huntington Ingalls Incorporated (2022). The court granted summary judgment for the Louisiana Insurance Guaranty Association (LIGA) and against the plaintiffs, holding that their claims were not timely 'covered claims' because they arose after the insolvent insurer's claim bar date.
• Morales v. Anco Insulations Inc. (2022). The court granted Avondale's unopposed Rule 54(b) motion and directed entry of final judgment in favor of Avondale, Lamorak and Travelers, whom it had earlier dismissed on LHWCA preemption grounds.
• Morales v. Anco Insulations Inc. (2022). The court granted summary judgment to Avondale (Huntington Ingalls), its insurers Lamorak and Travelers, and dismissed plaintiffs' state-law tort claims against them with prejudice as preempted by the LHWCA; plaintiffs lost.
• Ports America Gulfport, Inc. v. Johnson (2022). The federal district court denied Ports America's motion for a preliminary injunction against the ongoing Louisiana state-court mesothelioma case and enforcement of any resulting judgment, ruling for Judge Johnson and the state-court plaintiffs.
• Ragusa v. Louisiana Insurance Guaranty Association (2022). The court denied plaintiff Frank Ragusa's motion for a preferential trial setting, ruling for defendant Huntington Ingalls because an expedited trial would not allow enough time for discovery and preparation.
• Robichaux v. Huntington Ingalls Incorporated (2022). The court denied plaintiff Felton Robichaux's motion for partial summary judgment on Avondale's government contractor and derivative sovereign immunity defenses, without prejudice, as premature, so Avondale gets time for discovery.
• Robichaux v. Huntington Ingalls Incorporated (2022). The court denied Plaintiff Felton Robichaux's motion to remand, holding that Huntington Ingalls (Avondale) properly removed the case under the federal officer removal statute and did so on time.
• Roussell v. Huntington Ingalls, Inc. (2022). The court granted Westinghouse's motion for summary judgment and dismissed Marsha Roussell's claim against it with prejudice, because she offered no evidence of exposure to Westinghouse-related asbestos.
• Roussell v. Huntington Ingalls, Inc. (2022). The court granted summary judgment to General Electric and Foster Wheeler because Roussell did not oppose the motions, and dismissed her claims against them with prejudice.
• Roussell v. Huntington Ingalls, Inc. (2022). The district court denied plaintiff Roussell's motion to dismiss Avondale's federal contractor defense and to remand to state court, so Avondale kept the federal forum.
• Sampey v. Anco Insulations, Inc. (2022). The court granted the unopposed summary judgment motions of Goulds Pumps and Crown Cork & Seal and dismissed the plaintiffs' claims against them with prejudice.
• Sampey v. Anco Insulations, Inc. (2022). The court granted Crescent Materials' unopposed motion for summary judgment and dismissed the plaintiffs' claims against it with prejudice.
• Sampey v. Anco Insulations, Inc. (2022). The court granted the unopposed summary judgment motions of Grefco and Viking Pump and dismissed the claims against them by the plaintiffs and crossclaimant Avondale with prejudice.
• Sanchez v. Anco Insulations, Inc. (2022). The court granted seven unopposed summary judgment motions by John Crane, Pharmacia, Bayer CropScience, Crane Company, Century Indemnity, Zurich American and Goulds Pumps, dismissing all claims against them with prejudice.
• Sanchez v. Anco Insulations, Inc. (2022). The court granted unopposed summary judgment for Crown Cork & Seal, Atwood & Morrill, and Crescent Materials, dismissing plaintiff's claims against them with prejudice.
• Sanchez v. Anco Insulations, Inc. (2022). The district court granted unopposed summary judgment for Viking Pump and Grefco, dismissing the plaintiff's claims against them with prejudice for lack of evidence of exposure to their products.
• Savoie v. Huntington Ingalls (2022). The court denied the plaintiffs' motion to remand and kept the case in federal court after the Avondale defendants were dismissed, with the insurer defendants prevailing.
• Sentilles v. Huntington Ingalls Inc. (2022). The court granted Avondale's (Huntington Ingalls') summary judgment motion and dismissed Sentilles's state-law tort claims against it with prejudice, ruling that the LHWCA's exclusivity provision preempts them.
• Sentilles v. Huntington Ingalls Inc. (2022). The court granted Avondale's motion for summary judgment and dismissed with prejudice Sentilles's state-law tort claims against Avondale, both occupational and take-home, as preempted by the LHWCA's exclusivity provision.
• Sentilles v. Huntington Ingalls Incorporated (2022). The court granted Pelnor's Rule 54(b) motion, entering partial final judgment on the order dismissing plaintiff Sentilles's claims against Avondale so that the dismissal can be appealed immediately.
• Sentilles v. Huntington Ingalls, Inc. (2022). The court granted the unopposed summary judgment motions of Union Carbide, Amchem, Zurich (as alleged insurer of Marquette) and John Crane, and dismissed Sentilles's and Huntington Ingalls (Avondale)'s claims against them with prejudice.
• Sentilles v. Huntington Ingalls, Inc. (2022). The court granted Avondale's unopposed motions for summary judgment and dismissed with prejudice Sentilles's claims about his employment there after June 23, 1969, and his secondary-exposure claims tied to his father and brother.
• Stansbury v. McCARTY Corporation (2022). The federal district court granted Lennard Stansbury's motion to remand, declined to keep the state-law claims, and sent the case back to Orleans Parish Civil District Court over the opposition of Employers Insurance Company of Wausau.
• Stansbury v. McCARTY Corporation (2022). The court granted the motion of Bertram C. Hopeman and Liberty Mutual (as alleged insurer of Hopeman Brothers' executive officers) to dismiss plaintiff Stansbury's executive-officer negligence claims, unless he filed an amended complaint by July 8, 2022 curing the deficiencies.
• Stansbury v. McCARTY Corporation (2022). The court granted third-party defendant MW Custom Papers' motion and dismissed, without prejudice, third-party plaintiff Albert L. Bossier, Jr.'s claims against it because no substitution motion was made within 90 days after the suggestion of death.
• Stansbury v. McCARTY Corporation (2022). The court denied plaintiff Stansbury's motion to remand, keeping the whole case in federal court after Avondale removed it, and ruled in favor of Avondale and Wausau.
• Tabor v. William B. Reily & Co., Inc. (2022). The court granted the plaintiffs' motion to remand to Orleans Parish state court, ruling that Huntington Ingalls (Avondale) removed too late and did not establish federal officer removal.
• Williams v. Huntington Ingalls Industries (2022). The court denied third-party defendant Amchem's motion for summary judgment on Avondale's and Mr. Bossier's contribution claims, finding genuine factual disputes about exposure to Amchem's 81-27 adhesive and its causal role.
• Aaron v. Bancroft Bag, Inc. (2021). The district court granted plaintiff Steven Aaron's motion to remand and sent the case back to Orleans Parish Civil District Court, because removing defendant Ford Motor Company did not prove an enforceable settlement with non-diverse defendant MSBI.
• Arrowood Indemnity Company v. ST Joseph's Roman Catholic Church (2021). The court denied the Messina family's request to abstain and their Rule 12(b)(6) motion, keeping Arrowood Indemnity's insurance coverage declaratory action in federal court.
• Barrosse v. Huntington Ingalls Incorporated (2021). The court granted Avondale's unopposed motion and directed entry of a Rule 54(b) partial final judgment in favor of Avondale and Lamorak, following its earlier summary judgment dismissing them on LHWCA preemption grounds.
• Barrosse v. Huntington Ingalls Incorporated (2021). The court granted Avondale (Huntington Ingalls) and Lamorak Insurance's motion for summary judgment, dismissing the plaintiffs' negligence claims against them with prejudice because the LHWCA preempts those claims.
• Brindell v. Carlisle Industrial Brake and Friction Inc. (2021). The court granted the plaintiffs' motion to remand to state court, finding the second removal untimely because the defendants did not show plaintiffs acted in bad faith, and that the non-diverse defendants were not improperly joined; the removing defendants lost.
• Broussard v. Huntington Ingalls, Inc. (2021). The court granted Huntington Ingalls' (as successor to Standard Paint and Varnish) motion for partial summary judgment and dismissed with prejudice the plaintiffs' claims relating to Standard Paint and Varnish, because exposure was not sufficiently shown.
• Broussard v. Huntington Ingalls, Inc. (2021). The court granted General Electric's motion for summary judgment and dismissed plaintiffs' claims against it with prejudice, and denied Uniroyal's motion for summary judgment on Huntington Ingalls' third-party claim.
• Broussard v. Huntington Ingalls, Inc. (2021). The court granted in part the plaintiffs' motion for partial summary judgment, ruling that Avondale could not use the government contractor defense against state law failure-to-warn claims, and denied the motion in all other respects.
• Clark v. Huntington Ingalls, Inc. (2021). The court denied the plaintiff's motion to remand, holding that Avondale (Huntington Ingalls) properly and timely removed the case to federal court under the federal officer removal statute.
• Cortez v. Lamorak Insurance Co. (2021). The court granted Lamorak's motion and stayed and administratively closed the whole case until September 12, 2021, over plaintiff Cortez's objection that he needed an expedited trial.
• Danos v. Huntington Ingalls Incorporated (2021). The court denied the plaintiffs' motion to remand, holding that the Avondale defendants timely removed the case under the federal officer removal statute and asserted a colorable federal defense.
• Deaville v. Exxon Mobil Corp. (2021). The court granted plaintiff Brent Deaville's motion to remand, ruling that defendants Exxon Mobil, Ferguson Enterprises and J-M Manufacturing failed to show Turner Industries was improperly joined, so complete diversity was lacking and the case went back to state court.
• Dempster v. Lamorak Insurance Co. (2021). The court denied General Electric's motion for summary judgment and reconsideration, finding disputed fact issues about whether the 1991 release covered future lung cancer and wrongful death claims, so the plaintiffs' claims against General Electric continue.
• Falcone v. Anco Insulations, Inc. (2021). The court granted insurer Lamorak's (joined by Avondale's) motion to stay, staying and administratively closing the whole case because Lamorak was in liquidation, and set a status conference for September 28, 2021.