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

• Marcel v. Delta Shipbuilding Company (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, and remanded the case; the plaintiffs won and Continental lost.
• Marchand v. Asbestos Defendants (4th Circuit, 2010). The appeals court granted the Marchands' writ in part, vacating the district court's ruling for Continental Insurance as to the survival claim, and denied the writ as to the wrongful death claim, which it found barred by the dissolved-corporation peremptive statute.
• Pichon v. Asbestos Defendants (4th Circuit, 2010). The Louisiana Court of Appeal affirmed summary judgment for Detroit Diesel Corporation, dismissing the Pichon family's asbestos claims against it; one judge dissented.
• Boudreaux v. Able Supply Co. (3rd Circuit, 2009). The appeals court affirmed the trial court's dismissal, on forum non conveniens grounds, of the Boudreaux family's suit against the defendant companies, so the plaintiffs lost their Vermilion Parish forum and could re-file elsewhere.
• Boudreaux v. Able Supply Co. (3rd Circuit, 2009). The court of appeal granted American Cyanamid's motion to lift the stay of the appeal as to all defendants except bankrupt Lyondell Chemical Company and Millennium Petrochemicals, so the plaintiffs' appeal of the forum non conveniens dismissal could proceed against the others.
• Bourque v. Anco Insulations, Inc. (3rd Circuit, 2009). The court of appeal affirmed summary judgment for Lake Charles Stevedores, holding that Eddie Bourque Jr. and his wife could not pursue state-law claims against it because the LHWCA was their exclusive remedy.
• DiBenedetto v. Noble Drilling Company (4th Circuit, 2009). The court affirmed the dismissal of two South African companies and the bar on third party demands against dismissed defendants, but reversed summary judgments and exceptions of no cause of action that had dismissed plaintiff's claims against his stevedoring employers and their executive officers, remanding for further proceedings in plaintiff's favor.
• Hymel v. Eagle, Inc. (4th Circuit, 2009). The Court of Appeal affirmed the trial court's judgment sustaining the exception of res judicata for J.D. Roberts and Commercial Union Insurance Company, dismissing Ralph Hymel's mesothelioma claims with prejudice based on his 1998 release.
• McAskill v. American Marine Holding Co. (4th Circuit, 2009). The Louisiana Court of Appeal reversed the trial court's summary judgment for Eagle, Branton and Commercial Union and remanded for further proceedings, so plaintiff McAskill's claims go forward.
• Rando v. Anco Insulations Inc. (2009). The Louisiana Supreme Court affirmed the court of appeal's judgment for Ray Rando against his former employers JCI and Parsons, holding his tort suit was not barred by workers' compensation exclusivity or peremption and upholding liability and the $2.8 million general damages award.
• Rando v. Anco Insulations, Inc. (1st Circuit, 2009). The appeals court affirmed summary judgment for Lou-Con, Inc., dismissing Murphy Oil's cross-claim for contractual defense and indemnity, even though it found the trial court erred in holding that secondary evidence could not prove a lost indemnity agreement.
• Benard v. Eagle, Inc. (4th Circuit, 2008). The appeals court affirmed the trial court's judgment sustaining the res judicata exception of Eagle, Inc. and OneBeacon, so all of the heirs' claims against them stayed dismissed; one judge dissented.
• Danos v. Avondale Industries, Inc. (4th Circuit, 2008). On rehearing, the court vacated its earlier opinion, reversed summary judgment for Foster Wheeler, and remanded, finding a genuine issue of material fact on Mr. Danos' exposure to asbestos from Foster Wheeler boilers.
• Danos v. Avondale Industries, Inc. (4th Circuit, 2008). The court of appeal affirmed the summary judgment for Foster Wheeler against the widow and adult children of Golzie Danos, finding no factual support that he was exposed to asbestos from Foster Wheeler products (one judge dissented, and rehearing was later granted).
• Rando v. Anco Insulations, Inc. (1st Circuit, 2008). The court affirmed the bench-trial judgment awarding Ray Rando damages against Parsons and Jacobs, rejecting both companies' challenges on liability and damages.
• Richoux v. Csr Limited (2008). The court granted plaintiff Richoux's motion to remand, finding Capital One had not shown the non-diverse defendants were improperly joined, and awarded plaintiff costs and fees against Capital One, with the amount referred to the Magistrate Judge.
• Spillman v. Anco Insulations, Inc. (1st Circuit, 2008). The court of appeal affirmed the bench-trial judgment for Mr. Spillman's wife and daughter against Exxon, rejecting Exxon's workers' compensation immunity defense and upholding the $2,500,000 award, with Exxon's share set at $1,250,000.
• Tabor v. Anco Insulations, Inc. (3rd Circuit, 2008). The appeals court affirmed summary judgment for Levert-St. John against Hartford Steam Boiler on the duty to defend, the duty to indemnify and the statutory penalties, but reversed the award of fees and costs for Levert's claims against others and rendered judgment of $226,321.87.
• Thibodeaux v. Asbestos Corp. Ltd. (4th Circuit, 2008). The Louisiana Court of Appeal affirmed the summary judgment that dismissed Eagle Asbestos & Packing Company and its insurer OneBeacon, so the Thibodeauxs lost their claims against those two defendants.
• Lerille v. Monsanto Corporation (2007). The court granted Betty Lerille's motion to remand, severing and remanding her state-court suit because the defendant's removal was untimely, and denied her motion for Rule 11 sanctions and for attorneys' fees.
• Mouton v. Morton International, Inc. (3rd Circuit, 2007). The appeals court affirmed the trial court's denial of the motion by Terrell and Teryha Mouton to vacate the dismissal, so the settlement-based dismissals in favor of Morton, the executive defendants and their insurer stood.
• Palermo v. Port of New Orleans (4th Circuit, 2007). The appeals court reversed the trial court's bench-trial judgment for the plaintiffs, finding the Dock Board owed no duty and that the evidence did not show Dixie, Buck Kreihs and Eagle substantially contributed to the exposures.
• Terrance v. Dow Chemical Company (1st Circuit, 2007). The court affirmed the judgment on the jury's $5,000,000 general damages verdict for the Terrance estate and surviving spouse against Exxon, and denied Exxon's JNOV, new trial and remittitur motions.
• Palermo v. Port of New Orleans (4th Circuit, 2006). The appeals court reversed the trial court's judgment for the plaintiffs against the Dock Board, Eagle, Buck Kreihs and Dixie, finding no duty on the Dock Board and no proof that the ship repair companies' work substantially contributed to the diseases.
• Cichirillo v. Avondale Industries, Inc. (2005). The Louisiana Supreme Court reversed the court of appeal and reinstated the trial court's judgment granting the exception of prescription for Peter Territo and Avondale Industries (Northrop Grumman Ship Systems), dismissing Cichirillo's mesothelioma suit as time-barred.
• Zimko v. American Cyanamid (4th Circuit, 2005). The appeals court reversed the judgment against Tate & Lyle because workers' compensation exclusivity barred it, affirmed liability and the survival award against American Cyanamid, and cut the wrongful death award against American Cyanamid to 50% by allocating fault equally between the two companies.
• Cichirillo v. Avondale Industries (4th Circuit, 2004). The appeals court reversed the trial court's ruling that Cichirillo's claim against Northrop Grumman (Avondale), Flintkote, Territo, Owens-Illinois, Uniroyal, Hopeman Brothers and Charles Johnson was prescribed, and remanded the case for further proceedings.
• Delancey v. Chicago Insurance Co. (2004). The court granted the plaintiffs' motion to remand and sent the case back to Orleans Parish Civil District Court, holding that Chicago Insurance's removal failed for lack of diversity or other federal jurisdiction.
• Graves v. Riverwood Intern. Corp. (2nd Circuit, 2004). The court of appeal affirmed the partial summary judgment for Olin on the third-party beneficiary contract claim, reversed it on the assumption-of-duty claim, and remanded for further proceedings, so the plaintiffs partly won and Olin partly won.
• Hernandez v. Todd Shipyards Corporation (2004). The court granted plaintiff Eunice Hernandez's motion to remand the case to Orleans Parish Civil District Court for lack of subject matter jurisdiction, rejecting the removing defendants' LHWCA preemption argument, and denied her request for costs and expenses.
• Landry v. Avondale Industries, Inc. (2004). The Louisiana Supreme Court reversed the court of appeal, reinstated the trial court's summary judgment for Reilly-Benton and Liberty Mutual that comparative fault applies to the wrongful death claim, and remanded; the Landry plaintiffs lost.
• Roberts v. Owens-Corning Fiberglas Corp. (1st Circuit, 2004). The appeals court declared the second JNOV a nullity, reversed the first JNOV in part to reinstate fault findings against CertainTeed, Fibreboard and Flintkote, and amended the judgment against Exxon to a virile share of the survival award and 21% solidary liability on the wrongful death awards, affirming as amended.
• Vodanovich v. AP Green Industries, Inc. (4th Circuit, 2004). The appeals court affirmed summary judgment for Sank, Inc. (formerly Buck Kreihs Co.) and Dixie Machine Welding and Metal Works, dismissing the wrongful death claim of the longshoreman's estate for lack of proof of exposure.
• Booth v. Acands (4th Circuit, 2003). The appeals court granted 3M's writ in part, reversed the trial court's denial of summary judgment, and dismissed the plaintiffs' claims against 3M for lack of proof that Joe Booth was exposed to 3M's asbestos tape; the protective order request was moot.
• Breaux v. Avondale Industries, Inc. (4th Circuit, 2003). The appeals court reversed the trial court's judgment that had dismissed the Breauxes' Louisiana suit on exceptions of no right of action (claim splitting) and res judicata, and remanded for further proceedings, ruling for the plaintiffs against Avondale, Texaco and the other defendants.
• Ewing v. Armstrong World Industries, Inc. (3rd Circuit, 2003). The court of appeal affirmed the trial court's judgment sustaining the exception of no cause of action filed by the executive officers and insurers, so the Ewing survivors' loss of consortium claims were dismissed.
• Faulkner v. McCarty Corp. (4th Circuit, 2003). The Court of Appeal affirmed the bench-trial judgment for the Dock Board, holding it owed no legal duty to the longshoreman and was not strictly liable, so the Faulkner plaintiffs lost.
• Hamilton v. Anco Insulation, Inc. (1st Circuit, 2003). The appeals court reversed the trial court's summary judgment for employer C F Industries against its excess insurer Allianz Underwriters, holding the thirty-six month claim provision was not an impossible condition, and costs went to C F Industries.
• Jefferson v. Cooper/T. Smith Corp. (4th Circuit, 2003). The appeals court reversed the summary judgment that had dismissed the Dock Board from the plaintiffs' suit and remanded for further proceedings, ruling for the plaintiffs against the Dock Board; rehearing was denied.
• Landry v. Avondale Industries, Inc. (2003). The Louisiana Supreme Court reversed the lower courts' denial of the exceptions of no cause of action, granted the defendants' exceptions, dismissed Mrs. Landry's pre-death loss of consortium claim with prejudice, and remanded; the employers, executive officers and manufacturing defendants won on that claim and Mrs. Landry lost.
• Landry v. Avondale Industries, Inc. (4th Circuit, 2003). The appeals court reversed the trial court's summary judgment for Reilly-Benton, which had applied the Comparative Fault Act to the wrongful death claim, and remanded the case, siding with the Landry plaintiffs and co-employee relators.
• Mazoue v. Avondale Industries, Inc. (4th Circuit, 2003). The court affirmed the trial court's rejection of the grandchildren's claims, holding that the decedent's surviving daughter, Ms. Marsh, was the only party entitled to continue the action and keep the settlement.
• Watters v. Department of Social Services (4th Circuit, 2003). The appeals court granted Christine Songy's writ in part, amending the judgment to grant her partial summary judgment that she has malignant mesothelioma, and affirmed the trial court's denial of her other requested findings, so the defendants prevailed on those.
• Estate of Patrick v. BD. OF Sup'rs OF Univ. (4th Circuit, 2002). The appeals court granted LSU's writ application but affirmed the trial court's order quashing LSU's subpoena for the deceased plaintiff's tissue samples and slides, ruling for the plaintiffs, and struck LSU's new SV40 test argument raised in its reply brief.
• Estate OF Patrick v. Bd. of Supervisors (2002). The Louisiana Supreme Court granted the Board of Supervisors of LSU's writ, vacated the lower courts' denial of its motion for further testing of Dr. Patrick's preserved tissue, and remanded to the trial court.
• Hennegan v. Cooper/T. Smith Stevedoring Co. (4th Circuit, 2002). The Louisiana Court of Appeal affirmed the bench-trial judgment for Mary Hennegan and her late husband's estate against Garlock, Inc., which had to pay the damages less Cooper/T. Smith's 20 percent share.
• Abadie v. Metropolitan Life Ins. Co. (5th Circuit, 2001). The appeals court affirmed in part and reversed in part the judgment for Earlven Gauthe: it reversed liability findings against four Avondale executive officers and reinstated four settling manufacturers in the share calculation, while upholding liability of Westinghouse (CBS), ACL, O'Donnell and Territo, and on rehearing set the judgment against those four at $541,189.40.
• Abadie v. Metropolitan Life Ins. Co. (5th Circuit, 2001). The appeals court set aside the wrongful death awards, reversed liability for executive officers Chantrey and Kelmell, reinstated three manufacturers (Babcock & Wilcox, Rapid American, Rock Wool) in the fault-share calculation, and otherwise affirmed, entering judgment of $377,332.86 for the Clark plaintiffs against officers Territo and O'Donnell.
• Dufrene v. Avondale Industries, Inc. (4th Circuit, 2001). The appeals court granted Avondale's writ, reversed the trial court's denial of its exception of no cause of action/no right of action, and dismissed Corky Dufrene, as administrator and tutor of the granddaughter's estate, as a plaintiff.
• Ruckstuhl v. Owens Corning Fiberglas Corp. (1999). The Louisiana Supreme Court reversed the court of appeal and denied Hollingsworth & Vose's exception of lack of personal jurisdiction, so the Ruckstuhls' suit against it could proceed in Louisiana; the case was remanded.