La. Court Refuses to Certify LHWCA Dispute for Interlocutory Appeal in Asbestos Case, Says the ‘Law is Clear’

BATON ROUGE –– A Louisiana court has thwarted asbestos defendants’ efforts to appeal a ruling denying their motion for summary judgment, holding that the ruling “more than adequately” addressed the disputed issues.

In the July 8 opinion, the U.S. District Court for the Middle District of Louisiana found that there were not contradictory opinions regarding whether the Longshore Harbor Workers Compensation Act precluded claims prior to 1972.

The plaintiffs allege Robert Legendre was exposed to asbestos in the 1950s and 1960s. The defendants moved for summary judgment, arguing that the Longshore Harbor Workers Compensation Act precluded the claims.

In May, …