Judge Again Denies Shipyard’s Attempt to Evade Justice in Mesothelioma Case

Felton Robichaux died of malignant mesothelioma after years of having been exposed to asbestos. In pursuing justice from those he blamed for his illness, he named Avondale Shipyard, where both he and his brother had worked. Avondale has attempted to have the case against them dismissed on multiple grounds, and each time their petitions have been denied by the judge hearing the case.

shipyard worker

Petitions for Summary Judgment Filed in Mesothelioma Lawsuit

Avondale Shipyard is a frequent defendant in mesothelioma lawsuits because their work site was so contaminated with asbestos. When Mr. Robichaux first filed his claim against them, the company argued that the case was improperly filed and should have been submitted under the Longshore and Harbor Workers’ Compensation Act. When the approach failed, they followed it with two more attempts, on different grounds.

Most recently, Avondale argued that the mesothelioma victim had failed to adequately support his claim with evidence of his first- and second-hand asbestos exposure. They also attempted to have the judge preclude expert testimony from a witness for Mr. Robichaux, arguing that documentation had been submitted past the deadline.

Judge Denies Shipyard’s Requests in Case Filed by Mesothelioma Victim

Mr. Robichaux’s mesothelioma claim is being heard in the Eastern District of Louisiana with U.S. District Judge Darrel Pappillion presiding. The judge denied both of the company’s requests. Concerning their argument against a witness being able to testify, the judge noted that the reason that the documentation in question had been filed past the deadline was due to delays on the part of the shipyard itself.

Regarding the company’s assertion that the mesothelioma victim had not submitted adequate proof of his exposure to asbestos during his employment, the judge said that through deposition testimony, employment records, information on the work he had done, and more, the victim had made it clear that he’d been exposed “injurious levels of asbestos” both on the job and through exposure carried into his home on his brother’s clothing. He denied the shipyard’s petition and allowed the case to continue moving forward.

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Paul Danziger

Paul Danziger

Writer

Paul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.

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