In the world of industrial contracts, the devil often lies in the details – especially when it comes to indemnity clauses. These clauses determine who bears the financial responsibility if something goes wrong, and they can be a source of heated legal battles. This is precisely what happened in the…
Articles Posted in Mesothelioma/Asbestos
Asbestos Case Sent Back To State Court Because Of Lack of Causal Nexus
Unraveling the complexities of jurisdiction is essential when determining which court has the authority to hear a lawsuit. Whether a case is heard in state or federal court can have strategic implications, but the path to federal court is paved with complex legal requirements. In this article, we delve into…
My Lawsuit was Removed to Federal Court. What does that Mean?
Although most people have heard of both state and federal courts, many do not know when a party in a lawsuit can move a case to a different court. This happened to Howard Zeringue, who first filed a lawsuit in Louisiana state court, but soon found himself in the United…
Insurance Disputes and Lack of Admitted Evidence Complicate Asbestos Injury Lawsuit
Insurance policies are often lengthy and very complicated. Therefore, understanding who may be liable when an injury occurs is critical, as failure to do so may lead to complex and expensive court proceedings. The following Iberville Parish case demonstrates the problems that arise when multiple insurance companies and policies are…
Fifth Circuit Court in Louisiana Affirms Dismissal of Asbestos Lawsuit Because Of Prior Settlement Agreement
The difficulty of losing a loved one is compounded when death results from a faulty product. Further anguish occurs when a lawsuit against the defective product manufacturer is dismissed, barring recovery. It is essential to be aware that there are many deadlines and requirements to comply with to avoid the…
Asbestos Lawsuit Demonstrates How to Remove a Case to Federal Court
Sometimes, whether your case takes place in federal court or state court may be out of your hands entirely. Other times, it may be possible for the case to take place in either court. In such situations, it is important to understand possible differences and advantages between state and federal…
Exxon Immune from Baton Rouge Refinery Asbestos Exposure Lawsuit
When an employee is injured on the job, workers’ compensation insurance often delivers more expediently than going through the courts. Unfortunately for the employee, it is also often less money than an injured employee could be awarded by suing the employer. As a Baton Rouge man recently learned, your type…
Mesothelioma Victim Survives Summary Judgment in Lawsuit Over Asbestos Exposure by Point Coupee Parish Sugar Mill
In personal injury cases, the plaintiff can only successfully prove the defendant’s negligence if a legal duty of care exists. Where there is no duty of care as a matter of law, a trial court can dismiss the lawsuit by summary judgment. So, when a defendant files a petition for…
No Connection Between Federal Actions and Plaintiff’s Claims Keeps Lawsuit in State Court in Louisiana Asbestos Mesothelioma Case
A common tactic of defendants is to attempt to remove a case from state court to Federal Court if there is the slightest indication that such removal might be proper. Depending on the case, however, it may be more advantageous to a plaintiff to keep the case in state court.…
Louisiana Insulation Company Insurance Lawsuit over Asbestos Claims Shows Why it is Critical to Understand Your Insurance Policy
It seems that asbestos can be toxic not only to people, but also to companies as well. Anco sold, distributed, repaired, and installed insulation materials containing toxic asbestos that can cause mesothelioma and cancer from 1972 until the early 1980’s. The company based in Louisiana conducted business in Louisiana, Mississippi…