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

• 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 Corporation (4th Circuit, 2021). The appeals court granted Exxon's writ, reversed the trial court's denial of Exxon's exception of improper venue, rendered judgment granting the exception (Exxon won, Deaville lost), lifted its stay, and remanded.
• 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.
• 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.
• Hayes v. Air & Liquid Systems Corporation (2nd Circuit, 2021). The appeals court reversed the trial court's judgment that had granted SYSTRA Engineering's exception of lack of personal jurisdiction and dismissed the Hayes family's claims, and remanded for further proceedings, so the plaintiffs won on this issue.
• Hsieh v. Apache Deepwater, LLC (2021). The magistrate judge denied plaintiff David Hsieh's motions to compel discovery against BP, Chevron, Exxon and Texaco, so the defendants prevailed on the motions.
• Hsieh v. Badger Oil Corporation (2021). The court granted seven defendants' unopposed motions for summary judgment (Nustar, Murphy EXPRO, Union Carbide, Montello, Apache, and the Baker Hughes entities) and dismissed the plaintiff's claims against them with prejudice.
• Hsieh v. Badger Oil Corporation (2021). The court granted summary judgment to Badger Oil Corporation and Klentos Production Corporation, dismissing plaintiff David Hsieh's claims against them with prejudice because he did not oppose and they had no role in his exposure.
• 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.
• Jeter v. Ameron International Corporation (4th Circuit, 2021). The court affirmed the trial court's rulings denying Turner's motion for partial summary judgment and granting the insurers' (FFIC and USF&G) motions, so Turner's third-party demand against them was dismissed.
• 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.
• Lege v. Union Carbide Corporation (4th Circuit, 2021). The Fourth Circuit amended the jury judgment against Birla Carbon USA to cut the wrongful death awards to two non-testifying adult children from $500,000 to $100,000 each, and otherwise affirmed the judgment for the Leges, including the 51% fault allocation to Birla.
• 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.
• Lindsay v. Ports America Gulfport, Inc. (4th Circuit, 2021). The appeals court granted the heirs' writ application, vacated the order compelling DNA testing of the heirs and the intervenors, and remanded for an evidentiary hearing, so the heirs prevailed over the intervenors on this point.
• 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.
• St. Romain v. Delta Southern Co., Inc. (1st Circuit, 2021). The First Circuit dismissed the plaintiffs' appeal from the partial summary judgment ruling on Liberty Mutual's insurance coverage because the judgment lacked decretal language and was not a final appealable judgment; Liberty's answer to the appeal was also dismissed.
• Steib v. Lamorak Insurance Company (4th Circuit, 2021). The court of appeal affirmed the summary judgment dismissing Parsons Government Services and Marathon Petroleum from the Steib family's wrongful death and survival suit, so the plaintiffs lost against those two defendants.
• 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.
• 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.
• Bagwell v. Union Carbide Corporation (4th Circuit, 2020). On rehearing, the court vacated its earlier opinion and the trial court's November 2018 and February 2019 judgments, which had denied the Bagwells a new trial, and remanded for a new trial; the Bagwells prevailed over Union Carbide, Montello, Chevron and RMC.
• 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.
• Calamia v. Parish of Jefferson (5th Circuit, 2020). The court of appeal affirmed the trial court's judgment granting the Parish of Jefferson's exception of prescription, dismissing the Calamia children's claims against the Parish.
• 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.
• 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.
• Courville v. Lamorak Insurance Company (4th Circuit, 2020). The appeals court reversed summary judgments for Liberty Mutual and Wausau, so the plaintiffs' claims against them continue, and affirmed summary judgment for Zurich, so the plaintiffs lost their claims against it.
• 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 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.
• 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.
• 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.