Justia Louisiana Supreme Court Opinion Summaries

Articles Posted in Products Liability
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The Louisiana Supreme Court granted certiorari to determine the preclusive effect of a written compromise agreement. The agreement was executed by a tort victim in settlement of an action for damages resulting from occupational exposure to toxic materials. At issue was the effect of the compromise on a subsequent survival action brought by the La. C.C. art. 2315.1 beneficiaries of the tort victim, who contracted mesothelioma and died after entering into the compromise. Finding the intent of the parties to the compromise to be clear, unambiguous and unequivocal, and the elements of the res judicata plea satisfied, the Supreme Court concluded the compromise should have been accorded preclusive effect. Accordingly, the Court reversed the district court judgment that declined to give res judicata effect to the compromise and sustained the exception of res judicata with respect to the survival action. View "Joseph v. Huntington Ingalls Inc. et al." on Justia Law

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In March 2007, Plaintiff Joseph Trascher filed a petition in the district court seeking an ex parte order to perpetuate his testimony, alleging that he had been diagnosed with asbestosis in August 2006, and that it was unlikely that he would survive more than another six months. Plaintiff also alleged he sustained occupational exposures to asbestos while working as a tack welder at the Avondale Shipyard from 1960 to 1964, and at the Equitable Shipyard from 1965-1974. He requested service on these parties and a number of other parties he identified as expected defendants in his anticipated suit for damages.The district court granted the ex parte order and the videotaped perpetuation deposition was scheduled for April 3, 2007, at Plaintiff's home. The issue on appeal before the Supreme Court concerned the admissibility of the video deposition where the deposition was halted due to the deponent’s failing health and fatigue, and the deponent died before his deposition could be continued and before he could be cross-examined by opposing counsel. After reviewing the record and the applicable law, the Supreme Court found that while most of the video deposition was inadmissible, parts of the deposition were admissible under an exception to the hearsay rule. View "Trascher v. Territo" on Justia Law