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

• Comardelle v. Pennsylvania General Insurance Company (2014). The court denied plaintiff Comardelle's motion to remand, holding that Westinghouse (joined by Foster Wheeler and GE) properly removed the case to federal court under the federal officer removal statute.
• Davidson v. Georgia Pacific LLC (2014). The court excluded the plaintiffs' causation expert's "every exposure" testimony and granted summary judgment to CertainTeed, Beazer East, Georgia-Pacific and Union Carbide, dismissing the plaintiffs' claims with prejudice and dismissing the third-party complaints as moot.
• Davidson v. Georgia Pacific LLC (2014). The court granted partial summary judgment for defendants Union Carbide, CertainTeed, Beazer East and Georgia-Pacific, dismissing the plaintiffs' survival claim as prescribed.
• Davidson v. Georgia Pacific, LLC (2014). The court held that plaintiffs' expert disclosures did not meet Rule 26, allowed plaintiffs to file full reports for Dr. Schwartz and Mr. Ewing with an extended deadline and a continued trial, and struck Dr. Brody; the defendants' motion to strike was granted only as to Brody.
• Genusa v. Asbestos Corp. Ltd. (2014). The district court adopted the magistrate judge's report, granted plaintiff Genusa's motion to sever and remand, and sent his claims, and BRMC's third-party claims against McKoin Trucking, back to state court while keeping BRMC's claims against the Unions.
• Genusa v. Asbestos Corporation Limited (2014). The magistrate judge recommended granting Genusa's motion to sever and remand, so that his state-law claims against the defendants and BRMC's third-party claims against McKoin Trucking go back to Louisiana state court, with only BRMC's claims against the Unions staying in federal court.
• Hayes v. Asbestos, Corp., Ltd. (2014). The court granted Ford Motor Company's Rule 12(b)(6) motion, holding that the Louisiana Products Liability Act was the plaintiffs' exclusive remedy against Ford and dismissing the non-LPLA claims and the punitive damages claim against Ford.
• Humphries v. OneBEACON America Insurance Company (2014). The district court denied plaintiff John Humphries's motion to remand, finding defendant Elliott Company made a sufficient showing for federal officer removal under 28 U.S.C. § 1442 and was entitled to a federal forum.
• Landry v. Columbia Casualty Company (2014). The district court denied the plaintiffs' motion to remand and motion for sanctions, held that Columbia Casualty and Eagle, Inc. were fraudulently joined, and dismissed the claims against them without prejudice, leaving Huntington Ingalls as the only defendant.
• Laurent v. City of New Orleans (2014). The court denied Plaintiff Scott Laurent's motion to remand, holding that GE and CBS properly removed the case under the federal officer removal statute.
• Leonard v. Board OF Supervisors OF Louisiana State University Agricultural & Mechanical College (2014). The magistrate judge denied the plaintiffs' motion to compel discovery responses and for attorney's fees from defendant Lockheed Martin, finding no factual basis shown for exposure to a Lockheed aircraft component and no good-faith effort to confer.
• Leonard v. Board OF Supervisors OF Louisiana State University and Agriculture and Mechanical College (2014). The court granted Union Pacific Railroad Company's re-urged motion to dismiss, ruling that Union Pacific owed Royce Leonard no legal duty, so the Leonards' claims against it were dismissed.
• Luna v. AW Chesterton Company (1st Circuit, 2014). The appeals court affirmed the $2,314,208 survival action award to the Luna siblings against Charity Hospital (LSU Board of Supervisors), overruled its prescription exception, rejected its virile share reduction and excessive-damages arguments, and deleted the court costs by agreement.
• Millet v. Huntington Ingalls Incorporated (2014). The court granted Foster Wheeler's unopposed summary judgment motion against third-party plaintiff Huntington Ingalls, and denied General Electric's and CBS's motions as premature, without prejudice to re-urging them later.
• Morvant v. Maryland Casualty Company (2014). The court denied the insurers' motion to stay the federal direct-action suit under Colorado River abstention (or alternatively to continue deadlines), so plaintiff Morvant's suit against the insurers proceeds.
• Najolia v. Northrop Grumman Ship Systems, Inc. (2014). The court granted Reilly-Benton Company's motion for summary judgment and dismissed the plaintiffs' claims against it with prejudice, because plaintiffs could not show Najolia, Sr. worked on ships or was near Reilly-Benton's products.
• Radosta v. Lorillard Tobacco Co. (2014). The court granted the plaintiffs' motion to remand to state court, holding that Lorillard Tobacco Co.'s removal was untimely.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2014). The appeals court reversed the trial court's order limiting plaintiffs' expert Dr. Mark's testimony and its summary judgment for Georgia-Pacific, ruling for the plaintiffs and remanding for further proceedings.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2014). The court reversed the summary judgment that had dismissed plaintiffs' claims against Union Carbide Corporation, reversed the trial court's order limiting Dr. Eugene Mark's causation testimony, and remanded for further proceedings.
• Rodrigue v. Continental Insurance Company (2014). The court granted the plaintiffs' motion to remand to Louisiana state court, finding the removing defendants had not shown that the non-diverse defendant Eagle, Inc. was improperly joined.
• Sarradet v. the Dow Chemical Company (2014). The court adopted the Magistrate Judge's recommendation as modified, found the Louisiana officer-defendants improperly joined, and denied plaintiff Sarradet's motion to remand, so Dow Chemical kept the case in federal court.
• Smith v. Union Carbide Corp. (2014). The court granted Miriam Smith's unopposed motion for summary judgment, ruling that no liability can be found against settled party Taylor-Seidenbach, so the remaining defendants cannot reduce damages by Taylor's share of fault.
• Smith v. Union Carbide Corp. (2014). The court granted in part the premises-owner defendants' (Union Carbide, Ethyl, Dow Chemical) summary judgment motions, dismissing vicarious-liability and strict-liability claims, but denied them on plaintiff Miriam Smith's direct negligence claims.
• Vedros v. Northrop Grumman Shipbuilding, Inc. (2014). The district court denied the plaintiffs' motion to remand and kept the case in federal court under supplemental jurisdiction, ruling for the defendants (Amchem, Continental, Westinghouse, Avondale and the Avondale Interests) and against the plaintiffs.
• Vedros v. Northrop Grumman Shipbuilding, Inc. (2014). The court granted Westinghouse's summary judgment motion on the turbine claims, dismissing them with prejudice, and denied it on the micarta claims, which go forward.
• Vedros v. Northrop Grumman Shipbuilding, Inc. (2014). The district court granted General Electric's motion for summary judgment and dismissed the plaintiffs' claims against GE with prejudice, because the plaintiffs lacked evidence that GE supplied or attached any asbestos-containing material.
• Vedros v. Northrop Grumman Shipbuilding, Inc. (2014). The court granted Avondale's and the Avondale Interests' motions for partial summary judgment and dismissed with prejudice the plaintiffs' intentional tort, fraud and conspiracy claims.
• Whatley v. Eagle, Inc. (2014). The court dismissed the third-party claims against the Veterans Administration Medical Center for lack of subject matter jurisdiction and remanded the case to Orleans Parish Civil District Court, granting the plaintiffs' motion; it did not reach Local 141's and Somdal's motions to dismiss.
• White v. Entergy Gulf States Louisiana (1st Circuit, 2014). The court of appeal affirmed the trial court's $3.8 million survival-action general damages award for the plaintiffs against Entergy Gulf States Louisiana, over a dissent that would have capped the award at $2.8 million.
• Cook v. Asbestos Corporation Ltd. (5th Circuit, 2013). The court of appeal affirmed summary judgment for Hunt Tool Company's insurers (One Beacon, USF&G, Standard Fire, Travelers) and against the Cook family plaintiffs.
• Francis v. Union Carbide Corporation (4th Circuit, 2013). The appeals court reversed the trial court's summary judgment for Continental Insurance Company (Pendleton Shipyard's insurer) and remanded for further proceedings, ruling for plaintiff Rendon Francis.
• Garrie v. Aiu Insurance Company (2013). The court granted the plaintiffs' motion to remand to Louisiana state court, finding no binding settlement with the non-diverse Cities Services executive officers before removal, so Texaco's removal failed; the request for attorney's fees was denied.
• Landry v. Avondale Industries, Inc. (4th Circuit, 2013). The appeals court affirmed summary judgment for the Landrys on the mesothelioma diagnosis, its asbestos cause and its role in Raleigh Landry's death, but reversed summary judgment on exposure to John Crane's and Steel Grip's products, substantial-factor causation and liability, and remanded for trial.
• Morvant v. Asbestos Corporation Limited (2013). The federal district court granted plaintiff Mary Morvant's motion to remand and sent the case back to Orleans Parish civil court, rejecting defendant Asbestos Corporation Limited's removal.
• Phillips v. Abb Combustion Engineering, Inc. (2013). The court denied, without prejudice, the motions for summary judgment by CenterPoint Energy and Associated Electric Cooperative seeking dismissal of Carol Phillips's claims as time-barred, because the choice-of-law issue was raised first in her opposition and was inadequately briefed.
• Phillips v. Abb Combustion Engineering, Inc. (2013). The court denied Associated Electric Cooperative's Rule 12(e) motion for a more definite statement and granted its Rule 12(b)(6) motion, dismissing the Estate of Robert Lee Phillips as an improper party, while Carol Phillips's claims continued.
• Phillips v. Abb Combustion Engineering, Inc. (2013). The court granted the motions of the City of Grand Island and Nebraska Public Power District to dismiss for lack of personal jurisdiction, dismissing the plaintiffs' claims against them.
• Pitman v. Crane Co. (2013). The court granted June Pitman's motion to remand to Orleans Parish civil court, finding Georgia-Pacific failed to show the Louisiana defendants Eagle and Taylor-Seidenbach were improperly joined, and denied Georgia-Pacific's motion for limited discovery.
• Smith v. Union Carbide Corp. (2013). The federal district court denied Miriam Smith's motion to remand, finding the removal timely and not waived and Louisiana defendant Taylor-Seidenbach improperly joined, so the Removal Defendants (Dow, Ethyl, Union Carbide) prevailed.
• Bougere v. Northrop Grumman Systems Corp. (5th Circuit, 2012). The appeals court affirmed the trial court's dismissal of the family's wrongful death claims against the insurers of Avondale's executive officers, because the officers were immune under La. R.S. 23:1032.
• Davidson v. Georgia Pacific, LLC (2012). The court granted the Davidson family's motion to remand, rejecting Georgia-Pacific's claim that Graves and Taylor were improperly joined, and sent the case back to the 26th Judicial District Court in Bossier Parish, Louisiana.
• Landry v. Eagle, Inc. (2012). The court granted the Landrys' motion to remand and sent the case back to Orleans Parish Civil District Court, because removing defendant J.A. Sexauer did not show complete diversity.
• Pierre v. Northrop Grumman Shipbuilding, Inc. (4th Circuit, 2012). The court of appeal affirmed the trial court's judgment sustaining the exceptions of no cause and no right of action and dismissing the intervention by Robin Lawyer and the Roussel law firm, so the St. Pierre Children and the defendants prevailed.
• Bozeman v. Union Carbide Corporation (2nd Circuit, 2011). The court of appeal reversed the trial court's judgment sustaining the City of Shreveport's exception of no cause of action as to the Bozemans' non-intentional tort claim and remanded, so the children (plaintiffs) prevailed over the City.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2011). The appeals court reversed the summary judgment that had dismissed Union Carbide, and reversed the order striking part of Dr. Mark's testimony, so the plaintiffs (Harris Robertson's wife and children) won and the case was sent back to the trial court.
• Robertson v. Doug Ashy Building Materials, Inc. (1st Circuit, 2011). The appeals court reversed the trial court's summary judgment for Sherwin-Williams and its order striking the plaintiffs' expert Dr. Mark's causation testimony, and remanded for further proceedings, so the plaintiffs prevailed over Sherwin-Williams on appeal.
• Rome v. Asbestos Defendants (4th Circuit, 2011). The Louisiana Court of Appeal affirmed summary judgment dismissing the Romes' claims against Dover Engineered Systems, Inc. and its alleged insurer Liberty Mutual, so the defendants won and the plaintiffs lost.
• Brumley v. Akzona, Inc. (4th Circuit, 2010). The Louisiana Court of Appeal affirmed the trial court's forum non conveniens dismissal, without prejudice, in favor of the defendants, allowing the plaintiff to re-file in Texas.
• Falgoust v. Avondale Industries, Inc. (4th Circuit, 2010). The appeals court reversed the summary judgment that the trial court had granted to Hopeman Brothers and the Falgousts on Northrop Grumman's indemnity cross-claim, and remanded for an evidentiary hearing on the authenticity of the contract documents; Northrop Grumman prevailed on appeal.
• Marcel v. Delta Shipbuilding Co. (4th Circuit, 2010). The appeals court reversed the trial court's grant of Continental Insurance's exception of no right of action, which had dismissed the Marcel children's survival claim against the insurer of dissolved Delta Shipbuilding, and remanded for further proceedings.