Mesothelioma Lawsuit Put on Hold Following Bankruptcy Filing
Before her death from pleural mesothelioma, Irma Lee LaGrange filed suit against the companies she blamed for the secondary exposure to asbestos that she blamed for her illness. Ms. La Grante pointed to her years of handling her husband Allen’s asbestos-covered work clothing. Though the suit was filed years ago, the legal proceedings were recently stalled when one of the defendants named in her claim sought bankruptcy protection.
Bankruptcy of Defendant Stalls Mesothelioma Litigation
LaGrange named multiple companies as defendants in her mesothelioma lawsuit, all of whom were connected to her husband’s work as a laborer, welder, and pipefitter throughout their marriage. Among them were Huntington Ingalls Incorporated, the corporate successor to Avondale Shipyards, where Mr. LaGrange had been employed from 1973 through 1996, and the subcontractor Hopeman Brothers. All of the defendants somehow exposed him to asbestos that he carried home on his clothing, which she washed.
As part of the proceedings in the mesothelioma lawsuit, the case was transferred to federal court under federal officer jurisdiction. After Mrs. LaGrange lost her battle with the rare and aggressive cancer, her surviving children were substituted as plaintiffs and expected the case to proceed, but soon after, Hopeman filed for Chapter 11 bankruptcy protection. That filing led the federal court to stay the case against Hopeman until the proceedings related to its bankruptcy case are completed.
Other Defendants Seek Extension of Mesothelioma Stay
In response to being notified that Hopeman Brothers’ portion of the lawsuit had been paused, the remaining defendants in the mesothelioma claim asked the court to extend the stay to cover the entire case, arguing that doing so would prevent an imbalance among the parties.
Although the LaGrange family opposed the delay and pressed for their mesothelioma claim to move forward, the judge determined that a limited stay was appropriate. The ruling emphasized that temporarily halting the case would allow the bankruptcy court to clarify the standing of the co-defendants, avoid inconsistent outcomes, and preserve judicial efficiency.
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