STORY FROM: Benzene & Emerging Toxic Torts Litigation

La. Court Awards Summary Judgment to Defendants in Chemical Exposure Suit, Says Claims Barred by LWCA

BATON ROUGE, La. –– A Louisiana federal court has awarded summary judgment to defendants named in a chemical exposure lawsuit, finding that the plaintiffs had failed to establish that their claims fell under the intentional act exception in the Louisiana Workers’ Compensation Act.

In the July 16 order, the U.S. District Court for the Middle District of Louisiana found that the plaintiffs’ personal injury claims amounted to negligence, “despite the use of certain legal phrases in an attempt to transform the claims into intentional torts.”

In a separate judgment filed the same day, the court dismissed the claims against Protherm ...

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