STORY FROM: Talcum Powder Litigation Report
Defendants Attack Talcum Powder Suit, Say Louisiana Products Liability Act Bars Claims
May 23, 2016
NEW ORLEANS –– Defendants named in a talc-based powder exposure suit have attacked claims of strict liability failure to warn and negligence, breach of express warranties, civil conspiracy and acting in concert and gross negligence, saying that those claims fall outside of Louisiana’s Products Liability Act.
The defendants filed the motion on May 18 in the U.S. District Court for the Eastern District of Louisiana maintained that the LPLA provides the exclusive theories of liability against product manufacturers.
“Accordingly, the LPLA governs plaintiff Paula Jackson’s claim that she suffered injury due to a defective product allegedly manufactured by the ...