Mesothelioma: Asbestos Court Decisions

Decisions in our case-law library that involve mesothelioma: 2,859 cases, by state. Each line gives the exposure the court described, or else what it decided. For the topic itself, see Mesothelioma.

Louisiana

• 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.
• Legendre v. Louisiana Ins. Guaranty Association (2024). The court denied both the defendants' motion to limit or exclude plaintiff Eleanor Legendre's experts and Legendre's motion to exclude Dr. Bruce Case's opinion, so all the experts may testify at trial.
• Legendre v. Louisiana Ins. Guaranty Association (2024). The court granted in part and denied in part Hopeman Brothers' summary judgment motion (granted on intentional tort, alter ego and manufacturer claims; denied on professional vendor liability) and denied SPARTA's motion to stay; the expedited-consideration motion was denied as moot.
• Legendre v. Louisiana Ins. Guaranty Association (2024). The court granted Eleanor Legendre's motions (mesothelioma and its cause established; Avondale barred from government contractor defenses on failure-to-warn and safety claims), granted Liberty Mutual's motion on the professional vendor and commercial supplier claims, and granted Avondale's motion dismissing the intentional tort and fraud claims.
• Marcella v. Huntington Ingalls Inc. (2024). The court denied the plaintiffs' motion to remand, so the case stays in federal court, because Avondale (with Hopeman and Wayne) raised colorable federal defenses under the federal-officer removal statute.
• 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.
• Matherne v. Huntington Ingalls Incorporated (2024). The court denied Westinghouse's motion for partial summary judgment on its sophisticated user defense, so the failure-to-warn claims against it over Micarta remained for trial.
• Matherne v. Huntington Ingalls Incorporated (2024). The court granted Avondale's motion and quashed the trial subpoenas that Plaintiffs and Defendants General Electric, Foster Wheeler and Paramount Global had directed to Avondale as a corporate entity.
• Matherne v. Huntington Ingalls Incorporated (2024). The court granted Hopeman Brothers' motion for partial summary judgment on the plaintiffs' intentional tort, alter ego and manufacturer strict liability claims, ruling against the plaintiffs and Avondale.
• Matherne v. Huntington Ingalls Incorporated (2024). The court granted the plaintiffs' motion for partial summary judgment that Roseanna Matherne had mesothelioma and that it caused her death, over the defendants' off-topic oppositions.
• Matherne v. Huntington Ingalls Incorporated (2024). The court granted the plaintiffs' motion for partial summary judgment, so Avondale (Huntington Ingalls) and its insurers could not use the government contractor defense against the failure-to-warn and failure-to-enact-safety-measures claims.
• Matherne v. Huntington Ingalls Incorporated (2024). The court granted Avondale's motion for partial summary judgment and dismissed plaintiffs' claims that Avondale assumed its insolvent insurers' obligations under the buy-back agreements; the plaintiffs lost this claim.
• Matherne v. Huntington Ingalls Incorporated (2024). The court granted in part and denied in part the plaintiffs' motion to compel a Rule 30(b)(6) deposition of Huntington Ingalls: Huntington need not present a witness, but must give the plaintiffs its litigation listing of prior cases within 14 days.
• McElwee v. Anco Insulations, Inc. (2024). The magistrate judge granted Huntington Ingalls' motion to compel and ordered plaintiff Robert McElwee to appear for deposition on April 1, 2024, as scheduled.
• Nelson v. Texaco, Inc. (4th Circuit, 2024). The appeals court granted Fleming Construction's writ, reversed the trial court's denial of summary judgment on the borrowed employee defense, denied a stay, and remanded for a hearing on the merits of that defense.
• Palermo v. Eagle Inc. (2024). The court granted in part and denied in part Avondale's motion to quash, narrowing the subpoena and requiring Avondale to produce relevant personnel records of Valmont and Glen Landry under a protective order, so plaintiffs largely prevailed.
• Ragusa v. Louisiana Insurance Guaranty Association (2024). The court granted the Louisiana Insurance Guaranty Association's motion for summary judgment and dismissed the Ragusa family's wrongful death claims as not timely "covered claims"; LIGA won and the plaintiffs lost on those claims.
• Rivet v. Huntington Ingalls, Inc. (2024). The court granted the plaintiffs' (Janet and Kayla Rivet) motion for summary judgment that Tommy Rivet had mesothelioma, that asbestos caused it, and that it caused his death, over the opposition of Eagle and Travelers, while leaving the source of the asbestos open.
• Sentilles v. Huntington Ingalls Incorporated (2024). The court denied plaintiff Sentilles's motion in limine to exclude Avondale's expert Christopher Herfel, finding him qualified and his opinions relevant and reliable.
• Sentilles v. Huntington Ingalls Incorporated (2024). The court granted Avondale's Rule 12(c) motion dismissing with prejudice Sentilles's reasserted claims about post-June 1969 Avondale work and his father's and brother's Avondale employment, denied his motion for reconsideration, and barred him from using Pelnor's experts Pierce and Roggli at trial.
• Stauder v. Shell Oil Company (4th Circuit, 2024). On remand from the Louisiana Supreme Court, the court of appeal affirmed the judgment, entered on a jury verdict, awarding $2,750,000 in wrongful death damages to each daughter, so Union Carbide lost its challenge to the amount.
• Barker v. Anco Insulations, Inc. (5th Circuit, 2023). The appeals court affirmed summary judgment for the four former B & B executive officers, dismissing the Barker heirs' claims against them with prejudice.
• 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.
• Cadiere v. Huntington Ingalls, Inc. (2023). The magistrate judge granted plaintiff Bradley Cadiere's motion for leave to file an amended complaint adding a direct asbestos exposure claim against Huntington Ingalls (Avondale), and rejected Avondale's judicial estoppel argument.
• Chenet v. Colgate-Palmolive Co. (4th Circuit, 2023). The appeals court dismissed Colgate-Palmolive's appeal for lack of appellate jurisdiction because the trial court improperly certified the partial summary judgment on asbestos causation as final, and remanded the case to the trial court.
• Crossland v. Huntington Ingalls, Inc. (2023). The court granted Woodward Design & Build's summary judgment motion on the strict liability claim and on exposure to products other than joint compound and pipe insulation, denied it on the negligence claim based on those two products, and denied Woodward's motion to exclude the two causation experts.
• Crossland v. Huntington Ingalls, Inc. (2023). The court granted defendant Burmaster Land and Development Co.'s unopposed motion for summary judgment against plaintiff Linda Crossland because she identified no evidence of exposure to asbestos from Burmaster's activities.
• Fiffie v. Taylor-Seidenbach (2023). The court granted plaintiff Monique Mohammed's motion and remanded the case to Orleans Parish Civil District Court over the opposition of defendant IMTT-Geismar.
• Hernandez v. Huntington Ingalls, Inc. (2023). The court granted the plaintiffs' (Hernandez's wife and daughter) motion to remand, declined supplemental jurisdiction over the remaining state-law claims, and sent the case back to the Orleans Parish Civil District Court over St. Joseph's opposition.
• Hutchins v. Anco Insulations, Inc. (2023). The court granted summary judgment to Huntington Ingalls (as successor to Ingalls Shipyard), Redco, Sank, Inc. and Bayer CropScience for lack of evidence that Mr. Hutchins was exposed to their asbestos, and denied John Crane's motion, so claims involving John Crane's gaskets and packing proceed.
• Hutchins v. Anco Insulations, Inc. (2023). The district court denied the Hutchins plaintiffs' motions for partial summary judgment on exposure and causation as to A.W. Chesterton, Babcock & Wilcox, Combustion Engineering, Dixie Machine, Foster Wheeler and International Paper, so Continental Insurance and Avondale (Huntington Ingalls) prevailed on the motions.
• King v. Metropolitan Life Ins. Co. (2023). The court granted Union Carbide's unopposed motion for summary judgment and dismissed plaintiff Glen King's claims against it, because he could not link any asbestos exposure to a Union Carbide product.
• Lebeau v. Huntington Ingalls Inc. (2023). The court denied the plaintiffs' motion to remand, holding that Avondale (with Lloyd's and Hopeman Brothers joining) timely removed the case under the federal officer removal statute, so the case stays in federal court.
• Legendre v. Louisiana Insurance Guaranty Association (2023). The court granted the Louisiana Insurance Guaranty Association's motion for summary judgment, ruling that plaintiff Legendre's claim was not a covered claim because it was filed after the December 31, 2021 deadline.
• Marsh v. Continental Insurance Company (2023). The magistrate judge granted Continental Insurance's motion to quash plaintiff's 1,459 requests for admission and its motion for a protective order limiting the corporate deposition topics, and denied plaintiff's motion to compel as moot.
• Marsh v. Continental Insurance Company (2023). The court denied Continental Insurance Company's motion for summary judgment seeking a dollar-for-dollar (pro tanto) credit for settlements and trust payments, ruling for the plaintiff estate administrator.
• Matherne v. Huntington Ingalls Incorporated (2023). The court denied LIGA's motion for entry of a Rule 54(b) final judgment on the earlier summary judgment in its favor, so LIGA must wait until the whole case ends to appeal; the plaintiffs prevailed on this motion.
• Pete v. Boland Marine and Manufacturing Company, LLC (2023). The Louisiana Supreme Court held the jury abused its discretion in awarding $9.8 million in general damages against Ports America, reduced that award to $5,000,000, and entered total judgment of $5,551,020.70 for Pete, affirming the rest.
• Pete v. Boland Marine and Manufacturing Company, LLC (4th Circuit, 2023). The appeals court affirmed the judgment on the jury verdict against Ports America Gulfport, Inc. (with Cooper T. Smith and Safmarine) for Henry Pete's take-home asbestos exposure and his mesothelioma, including the $10,351,020 award, and rejected Ports America's challenges.
• Phillips v. Exxon Chemical Louisiana, LLC (1st Circuit, 2023). The appeals court dismissed the plaintiffs' appeal from the judgment on the jury verdict for Exxon Mobil because the appeal was filed too late and the court lacked jurisdiction.
• Ports America Gulfport, Inc. v. Johnson (2023). The court denied state Judge Rachael Johnson's Rule 11 motion for sanctions against Ports America Gulfport, Inc., because the court had ruled on the challenged claim before the 21-day safe harbor period ended.
• Ragusa v. Louisiana Guaranty Insurance Association (2023). The court granted the premises-owner defendants' partial summary judgment on strict liability under former article 2317 for crane exposures in 1996 or earlier, and denied it for any later years; Ragusa lost on the earlier years.
• Ragusa v. Louisiana Guaranty Insurance Association (2023). The court denied all nine summary judgment motions by premises owners and product companies, so Ragusa's asbestos claims against Pharmacia, Legacy Vulcan, Syngenta, Marathon, Murphy Oil, International Paper, Westinghouse and Riley Power continue.