Thompson v. BP Expl. & Prod.

Full title: CHRISTOPHER DUWARD THOMPSON v. BP EXPLORATION & PRODUCTION INC., et al.

Court: United States District Court, Eastern District of Louisiana

Date published: Aug 30, 2022

Civil Action 17-4609 (E.D. La. Aug. 30, 2022)

Opinion

Civil Action 17-4609

08-30-2022

CHRISTOPHER DUWARD THOMPSON v. BP EXPLORATION & PRODUCTION INC., et al.

BARRY W. ASHE UNITED STATES DISTRICT JUDGE

SECTION M (2)

ORDER & REASONS

BARRY W. ASHE UNITED STATES DISTRICT JUDGE

Before the Court is a Daubert motion in limine to exclude the general causation opinions of plaintiff's medical expert Dr. Jerald Cook filed by defendants BP Exploration & Production Inc., BP America Production Company, BP p.l.c., Halliburton Energy Services, Inc., Transocean Holdings LLC, Transocean Deepwater, Inc., and Transocean Offshore Deepwater Drilling, Inc. (collectively, “Defendants”).¹ Plaintiff Christopher Duward Thompson responds in opposition.²

1 R. Doc. 46.

2 R. Doc. 49.

Also before the Court is Defendants' motion for summary judgment in which they argue that the case should be dismissed because Thompson cannot prove general causation without Cook's opinions.³ Thompson responds in opposition.⁴

3 R. Doc. 47.

4 R. Doc. 48.

Defendants' motions here are nearly identical to those filed by Defendants, and granted by this Court, in other B3 cases.⁵ See, e.g., Carpenter v. BP Expl. & Prod., Inc., 2022 WL 2757416 (E.D. La. July 14, 2022); Johns v. BP Expl. & Prod. Inc., 2022 WL 1811088 (E.D. La. June 2, 2022); Johnson v. BP Expl. & Prod. Inc., 2022 WL 1811090 (E.D. La. June 2, 2022); Macon v. BP Expl. & Prod. Inc., 2022 WL 1811135 (E.D. La. June 2, 2022); Murray v. BP Expl. & Prod. Inc., 2022 WL 1811138 (E.D. La. June 2, 2022); Street v. BP Expl. & Prod. Inc., 2022 WL 1811144 (E.D. La. June 2, 2022).

5 Dr. Cook updated his report on June 21, 2022. R. Doc. 46-4. The Court has reviewed the new report and concludes that it does not cure the previously identified deficiencies in Cook's prior reports; specifically, the June 21 report does not provide admissible general causation opinions. Id.

Accordingly, for the reasons stated in the Orders & Reasons issued in those cases, IT IS ORDERED that Defendants' Daubert motion to exclude Cook (R. Doc. 46) is GRANTED.

IT IS FURTHER ORDERED that Defendants' motion for summary judgment (R. Doc. 47) is GRANTED, and Thompson's claims against them are DISMISSED WITH PREJUDICE.

New Orleans, Louisiana, this 30^th day of August, 2022.