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. (2021). The district court denied the plaintiff's motions to remand, so the case against Avondale and Hopeman Brothers stays in federal court under the federal officer removal statute.
• Gooding v. Liberty Mutual Insurance Co. (2021). The court granted insurer Lamorak's motion to stay the action because of its Pennsylvania liquidation, administratively closed the case, and denied the plaintiffs' motion to sever the claims against Lamorak and its insureds.
• Hotard v. Avondale Industries, Inc. (2021). The court granted Lamorak Insurance Company's motion, stayed the whole action and administratively closed it because of Lamorak's liquidation, denied Plaintiff Hotard's alternative request to sever claims involving Lamorak and its insureds, and set a status conference.
• Hulin v. Huntington Ingalls, Inc. (2021). The district court granted Bayer CropScience's unopposed motion for summary judgment and dismissed plaintiff William Hulin Sr.'s claims against Bayer.
• Hutchins v. Anco Insulations, Inc. (2021). The court denied Dixie Machine's motion for summary judgment without prejudice, as premature before discovery, so Dixie Machine may reurge it later; the plaintiffs and Huntington Ingalls prevailed for now.
• Jackson v. Avondale Industries, Inc. (2021). The court found genuine disputes of fact on exposure and causation, so Hopeman Brothers and Liberty Mutual (as insurer of Wayne Manufacturing) did not obtain summary judgment against plaintiff Patricia Jackson's estate representative; the issues go to the trier of fact.
• Krutz v. Huntington Ingalls Inc. (2021). The court granted Amchem's unopposed motion for summary judgment and dismissed the plaintiffs' wrongful death claims against Amchem, because there was no evidence Krutz was exposed to Amchem's products or that they caused his mesothelioma.
• Labarre v. Bienville Auto Parts, Inc. (2021). The district court denied plaintiff Karen Birdsall's motion to remand, holding that Avondale (Huntington Ingalls) timely removed the case under the federal-officer removal statute, so the case stays in federal court.
• Legendre v. Lamorak Insurance Company (2021). The court denied Mestek, Inc.'s motion for summary judgment, which sought a ruling that it was not the successor to L.J. Wing, because genuine fact disputes remained; Avondale prevailed on the motion.
• Legendre v. Lamorak Insurance Company (2021). The court denied the plaintiffs' motion to remand, keeping the case in federal court under the federal officer removal statute, in favor of the Avondale Interests (Huntington Ingalls and Lamorak).
• Legendre v. Lamorak Insurance Company (2021). The court denied Tutco's motion to dismiss for lack of personal jurisdiction without prejudice, found Avondale had not yet made a prima facie showing, and allowed Avondale 28 days to amend its third-party demand and all parties 21 days for jurisdictional discovery.
• Masters v. Graybar Electric Company, Inc. (2021). The court granted plaintiff Willard Masters III's motion to remand and sent the case back to Orleans Parish Civil District Court, holding that Graybar Electric had not shown plaintiff abandoned his claims against the non-diverse defendant Taylor-Seidenbach.
• Ragusa v. Louisiana Ins. Guar. Association (2021). The court denied plaintiff Frank Ragusa's motion to remand, holding that defendants Huntington Ingalls and Albert Bossier properly removed under the federal officer removal statute and that removal was timely.
• Ragusa v. Louisiana Insurance Guaranty Association (2021). The district court denied plaintiff Frank Ragusa's motion to remand, holding that defendants Huntington Ingalls and Albert Bossier properly and timely removed the case under the federal officer removal statute.
• Roy v. Colgate Palmolive Co. (2021). The district court granted the plaintiffs' motion to remand, finding the in-state defendant K&B was properly joined, so diversity jurisdiction was lacking and Johnson & Johnson's removal failed.
• Sampey v. Anco Insulations, Inc. (2021). The court granted Hopeman's unopposed motion, joined by Avondale, Travelers, International Paper and Amchem, and dismissed with prejudice Ethel Sampey's loss of consortium, service and society claims against them.
• Sanchez v. Anco Insulations, Inc. (2021). The court granted Avondale's motion to dismiss Sanchez's loss of consortium claim and granted Lamorak Insurance's unopposed motion for summary judgment, dismissing the claims against Lamorak.
• Sentilles v. Huntington Ingalls Inc. (2021). The court denied defendant Pelnor's motion for partial summary judgment, so plaintiff Sentilles may pursue his claims about exposure at Pelnor on or after September 1, 1975, and the court did not categorically exclude evidence of post-1975 exposure.
• Waguespack v. Avondale Industries, Inc. (2021). The court granted Lamorak Insurance Co.'s motion (joined by Huntington Ingalls) to enforce a stay, staying and administratively closing the entire case until September 12, 2021, over the plaintiffs' objection to staying the whole action.
• Bourgeois v. Huntington Ingalls Inc. (2020). The district court denied plaintiff Bourgeois's motion to remand, holding that Avondale (Huntington Ingalls) and Bossier timely and properly removed the case under the federal officer removal statute.
• Brindell v. Carlisle Industrial Brake and Friction Inc. (2020). The district court granted the plaintiffs' motion to remand to Louisiana state court, rejecting Utility Trailer Manufacturing Company's claim that the non-diverse defendants were improperly joined.
• Broussard v. Huntington Ingalls, Inc. (2020). The district court denied the plaintiffs' motion to remand, so the case stayed in federal court and Avondale (Huntington Ingalls) and its co-defendants won on removal.
• Cortez v. Lamorak Insurance Co. (2020). The court denied Callen Cortez's motion to remand, holding that Avondale (Huntington Ingalls, Lamorak Insurance and Albert Bossier) timely and properly removed the case under the Federal Officer Removal Statute.
• Dempster v. Lamorak Ins. Co. (2020). The court granted the motion in limine by Avondale, Bossier and Lamorak (joined by Foster Wheeler and General Electric), excluding evidence of Avondale accidents and regulatory citations unrelated to asbestos exposure; the plaintiffs lost this ruling.
• Dempster v. Lamorak Ins. Co. (2020). The court granted in part and denied in part the Avondale Interests' motion in limine, barring plaintiffs' expert Dr. Kraus from comparing the decedent's death to Jesus Christ's crucifixion or making religious references about corporate sinning, but allowing him to compare the death to death by crucifixion.
• Dempster v. Lamorak Ins. Co. (2020). The court granted Amchem's (joined by Foster Wheeler and General Electric) motion in limine and excluded Plaintiffs' Exhibit No. 1.157, the Welch Paper, and any reference to it at trial.
• Dempster v. Lamorak Insurance Co. (2020). The court granted in part and denied in part the Avondale defendants' motion in limine: it excluded evidence of non-asbestos injuries such as hearing loss suffered by family members and other non-parties, but it refused to bar evidence of asbestos-related illness in non-parties.
• Dempster v. Lamorak Insurance Co. (2020). The district court denied the plaintiffs' Daubert motion, so defendant Amchem (Bayer CropScience) could present Dr. Paustenbach's testimony on removal and scraping of Benjamin Foster 81-27 adhesive.
• Dempster v. Lamorak Insurance Co. (2020). The federal district court denied the motion by Avondale (Huntington Ingalls), its executive officers' insurer Lamorak and other defendants for partial summary judgment declaring that Mr. Dempster's earlier settlements with 37 non-parties released his lung cancer claims, so the plaintiffs prevailed on the motion.
• Gaddy v. Taylor Seidenbach, Inc. (2020). The court denied the plaintiffs' renewed motion for judgment as a matter of law and left in place the jury's finding that Owens-Illinois was liable for Dr. Gaddy's asbestos exposure at International Paper.
• Gaddy v. Taylor Seidenbach, Inc. (2020). The court granted Ethyl Corporation's motion for remittitur, cutting the verdict to $3,250,661.45 ($3,000,000 general damages plus medical expenses) unless Plaintiffs elect a new trial, and denied Ethyl's new-trial and judgment-as-a-matter-of-law motions on all other grounds.
• Gomez v. Aardvark Contractors, Inc. (2020). The district court denied the Jefferson Parish School Board's motion for partial summary judgment seeking an automatic virile share credit for the Johns-Manville Trust, and denied Huntington Ingalls' withdrawn part of the motion as moot, so the plaintiffs prevailed on the motion.
• Gomez v. Aardvark Contractors, Inc. (2020). The court granted Viking Pump's unopposed motion for summary judgment and dismissed, without prejudice, plaintiff Cary Gomez's claims and the cross-claims of Huntington Ingalls and Jefferson Parish School Board against Viking Pump.
• Gomez v. Aardvark Contractors, Inc. (2020). The court granted plaintiff Cary Gomez's motion to extend the deadline for his industrial hygienist expert report to February 7, 2020, and gave the defendants until March 6, 2020 to submit opposing expert reports.
• Gomez v. Aardvark Contractors, Inc. (2020). The court granted Nicholls State's unopposed motion to dismiss plaintiff Carey Gomez's claims against it on Eleventh Amendment immunity grounds.
• Gooding v. Liberty Mutual Insurance Co. (2020). The court granted Travelers' unopposed summary judgment motion, dismissing the Avondale Interests' cross-claims because Travelers issued no liability policies to Gretna Machine from 1967 through 1979.
• Hernandez v. Huntington Ingalls Incorporated (2020). The magistrate judge denied Honeywell International's (as alleged successor to Allied Chemical) alternative Rule 12(e) motion for a more definite statement, so plaintiff Hernandez did not have to replead.
• Hernandez v. Huntington Ingalls, Inc. (2020). The district court denied Honeywell's motion to dismiss, ruling that plaintiff Jesse Hernandez plausibly alleged Honeywell owed him a duty for asbestos dust carried on its plant workers' clothing.
• Hernandez v. Huntington Ingalls, Inc. (2020). The court denied Jesse Hernandez's motion to remand, so the Avondale Interests (Huntington Ingalls and related defendants) kept the case in federal court under the federal officer removal statute.
• Holmes v. Bossier (2020). The district court denied the plaintiffs' motion to remand, holding that Huntington Ingalls and Bossier timely removed the case under the federal officer removal statute within thirty days of the Fifth Circuit's en banc Latiolais decision.
• Hotard v. Avondale Industries, Inc. (2020). The district court denied Paul Hotard's motion to remand, holding that Avondale was named as a defendant in the state court petition and properly removed the case, so Avondale prevailed.
• Jackson v. Avondale Industries, Inc. (2020). The district court granted Hopeman Brothers' motion for reconsideration, vacated its earlier order remanding the case to state court, and denied plaintiff Patricia Jackson's motion to strike Hopeman's exhibits, finding federal officer removal jurisdiction.
• Jackson v. Avondale Industries, Inc. (2020). The court granted Patricia Jackson's motion to remand and the Avondale Defendants' motion to withdraw their notice of removal, sending the case back to Orleans Parish Civil District Court because she had settled with the removing defendants.
• Lopez v. McDERMOTT, Inc (2020). The court granted Exxon Mobil's motion for summary judgment, dismissing the Lopez plaintiffs' negligence and strict liability claims against Exxon as a premises owner, because Exxon owed no duty and had no care, custody or control of the asbestos.
• Lopez v. McDERMOTT, Inc (2020). The court denied Crosby Valves' motion for summary judgment, finding Mr. Lopez's deposition admissible against Crosby and enough evidence of exposure and substantial-factor causation for the plaintiffs' claims to proceed.
• Lopez v. McDERMOTT, Inc. (2020). The court denied Fisher Controls International's motion for summary judgment, so the Lopez plaintiffs' claims against Fisher go forward.
• Marsh v. Huntington Ingalls, Incorporated (2020). The court denied International Paper Company's motions to dismiss for lack of personal jurisdiction, to dismiss for failure to state a claim, and for a more definite statement, so Marsh and cross-claimant Huntington Ingalls prevailed on these motions.
• Michel v. Ford Motor Company (2020). The magistrate judge granted the Michel plaintiffs' motion for leave to file a second supplemental and amended complaint adding Ford Leasing Development Company, LLC as a defendant, over Ford Motor Company's opposition.
• Roussell v. Huntington Ingalls, Inc. (2020). The district court denied plaintiff Marsha Roussell's motion to remand, holding that the Avondale Interests (Huntington Ingalls and Lamorak) properly removed the case under the federal-officer statute, so the case stays in federal court.
• Sampey v. Huntington Ingalls Inc. (2020). The court denied plaintiff Ethel Sampey's motion to remand, holding that the Avondale Interests' federal-officer removal was timely and rested on a colorable Boyle defense.