News & Analysis as of

Asbestos LHWCA

McGlinchey Stafford

5th Circuit: Mesothelioma Claim Not Preempted By Federal Statute

McGlinchey Stafford on

On June 12, 2023, the U.S. Court of Appeal for the Fifth Circuit reversed a grant of summary judgment holding a shipyard immune from Louisiana state law tort claims pursuant to the Longshore and Harbor Workers’ Compensation...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment under Longshore and Harbor Workers’ Compensation Act Granted

Goldberg Segalla on

Court: United States District Court for the Eastern District of Louisiana - Plaintiff Frank P. Ragusa Jr. filed an asbestos-related lawsuit in Civil District Court for the Parish of Orleans alleging he was exposed to...more

Goldberg Segalla

Plaintiffs’ State Law Tort Claims against Employer and Insurers Preempted by LHWCA

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana, June 16, 2022 - In this asbestos matter, the plaintiffs allege that James Becnel was exposed to asbestos at the Avondale Shipyards in 1965. Recently, several...more

Goldberg Segalla

Summary Judgment Granted Dismissing Plaintiff’s State Claims Against Employer Under LHWCA

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana, May 19, 2022 - In this asbestos action, plaintiff Callen Cortez brought state tort claims against Continental Insurance Company, sued in its capacity as...more

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