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Legendre v. Anco Insulations, Inc.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Jun 7, 2012
CIVIL ACTION NO. 12-94-JJB-SCR (M.D. La. Jun. 7, 2012)

Summary

finding “causal nexus” for premises liability claim where the record showed that the ships Plaintiff worked on at the removing defendant's premises “were constructed under contracts that incorporated by reference federal law, regulations and specifications which mandated the use of asbestos-containing materials in the construction of the vessels” and that “during all aspects of the construction of the ships, officials of the U.S. Navy, Maritime Commission and U.S. Coast Guard closely and continuously monitored and inspected [the removing defendant's] work to ensure compliance with the contractual and federal regulatory provisions, including those that required the use of asbestos-containing materials.”

Summary of this case from Weis v. DSM Copolymer, Inc.

Opinion

CIVIL ACTION NO. 12-94-JJB-SCR

06-07-2012

ROBERT LEGENDRE, ET AL. v. ANCO INSULATIONS, INC., ET AL


RULING

The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Stephen C. Riedlinger dated May 14, 2012 (doc. no. 17) to which no objection has been filed.

The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, the Motion for Remand filed by the plaintiffs is DENIED.

Baton Rouge, Louisiana, June 7, 2012.

______________________

JAMES J. BRADY, JUDGE

MIDDLE DISTRICT OF LOUISIANA


Summaries of

Legendre v. Anco Insulations, Inc.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Jun 7, 2012
CIVIL ACTION NO. 12-94-JJB-SCR (M.D. La. Jun. 7, 2012)

finding “causal nexus” for premises liability claim where the record showed that the ships Plaintiff worked on at the removing defendant's premises “were constructed under contracts that incorporated by reference federal law, regulations and specifications which mandated the use of asbestos-containing materials in the construction of the vessels” and that “during all aspects of the construction of the ships, officials of the U.S. Navy, Maritime Commission and U.S. Coast Guard closely and continuously monitored and inspected [the removing defendant's] work to ensure compliance with the contractual and federal regulatory provisions, including those that required the use of asbestos-containing materials.”

Summary of this case from Weis v. DSM Copolymer, Inc.

In Legendre, the removing defendants relied on deposition testimony and affidavits to show that the ships that the plaintiff worked on at Avondale were constructed under contracts that incorporated by reference federal law, regulations and specifications which mandated the use of asbestos-containing materials in the construction of the vessels.

Summary of this case from Weis v. DSM Copolymer, Inc.
Case details for

Legendre v. Anco Insulations, Inc.

Case Details

Full title:ROBERT LEGENDRE, ET AL. v. ANCO INSULATIONS, INC., ET AL

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Jun 7, 2012

Citations

CIVIL ACTION NO. 12-94-JJB-SCR (M.D. La. Jun. 7, 2012)

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Weis v. DSM Copolymer, Inc.

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