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

• Cortez v. Lamorak Insurance Company (2022). The court denied the Louisiana Insurance Guaranty Association's motion for summary judgment, so plaintiff Callen Cortez's claims arising from the Gabler Insulations insurance coverage go forward.
• Crossland v. Huntington Ingalls, Inc. (2022). The court granted plaintiff Linda Crossland's motion for partial summary judgment, holding that defendants Avondale and Hopeman were not entitled to government contractor (Boyle) or Yearsley immunity against her failure-to-warn and safety claims.
• Everett v. Air Products & Chemicals, Inc. (4th Circuit, 2022). The appeals court granted the joint motion of the plaintiffs and Riley Power and dismissed the plaintiffs' appeal as to Riley Power, leaving the appeals against Foster Wheeler and Peter Kiewit (Level 3) pending.
• Falcone v. Anco Insulations, Inc. (2022). The court denied Texas Automatic Power's motion for summary judgment as premature, siding with cross-claimant Avondale (Huntington Ingalls) because fact questions and the need for further discovery remained.
• Falgout v. Anco Insulations, Inc. (2022). The court denied the plaintiffs' motion to decline supplemental jurisdiction and remand to state court, keeping the case in federal court against defendant Avondale (Huntington Ingalls).
• 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.
• 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.
• Manchester v. Anco Insulations, Inc. (2022). The court granted defendant Arrow Electronics' motion to withdraw its notice of removal and remanded the case to the Nineteenth Judicial District Court for East Baton Rouge Parish, so plaintiff Manchester prevailed on keeping the case in state court.
• 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.
• Reulet v. Lamorak Ins. Co. (2022). The court denied the summary judgment motions of General Electric and ViacomCBS/Westinghouse, so the plaintiffs' claims against the two turbine manufacturers go forward.
• Reulet v. Lamorak Ins. Co. (2022). The court granted in part and denied in part Berkshire's summary judgment motion: claims tied to the second policy period and to the father's second-hand exposure were dismissed with prejudice, while the claim of direct exposure during the first policy period survived for Plaintiffs and Avondale.
• Reulet v. Lamorak Ins. Co. (2022). The district court denied Aerojet Rocketdyne's motion for summary judgment, finding fact disputes on whether the decedent was exposed to asbestos at Barnard and Burk and whether Aerojet inherited its liabilities, so plaintiffs and Avondale prevailed on the motion.
• Reulet v. Lamorak Ins. Co. (2022). The court denied American Insurance Company's motion for summary judgment on coverage, so the plaintiffs prevailed, and ordered American's counsel to show cause why sanctions should not be imposed.
• Reulet v. Lamorak Ins. Co. (2022). The court granted in part the motion by insurers Wausau and Liberty and stayed the plaintiffs' direct action claims against them pending the Reilly-Benton bankruptcy; the claims were not dismissed.
• 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.
• St. Romain v. Delta Southern Co., Inc. (1st Circuit, 2022). The court affirmed summary judgment for Liberty Mutual Insurance Co., which dismissed the St. Romain family's claims against it, and granted Liberty's answer to the appeal by vacating the trial court's findings that the policy was occurrence-based and ambiguous.
• 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. 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. 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.
• Bagwell v. Union Carbide Corp. (2021). The Louisiana Supreme Court reversed the court of appeal's grant of a new trial, reinstated the jury verdict (75% fault on employer RMC, 25% on CAPCO, none on Union Carbide or Montello), and so favored the defendants Union Carbide and Montello over the plaintiffs.
• 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.
• Bouck v. Kansas City Southern Railway Co. (2021). The court denied Kansas City Southern Railway's partial motion for summary judgment, holding that the Locomotive Inspection Act does not bar the plaintiff Bouck's FELA claims against the railroad for asbestos exposure from locomotives and parts.