La. Court Dismisses Asbestos Intentional Tort, Fraud Claims; Cites Insufficient Evidence

NEW ORLEANS –– A federal court has dismissed intentional tort and fraud claims in a Louisiana case, finding that the plaintiffs had not produced enough evidence to establish that the defendants knew that mesothelioma was “substantially certain to follow” from their failure to warn about asbestos hazards.

In a March 7 order and reasons, the U.S. District Court for the Eastern District of Louisiana wrote that in order to bring the claims, the plaintiffs needed to present evidence that the decedent’s mesothelioma was inevitable as a direct result of the defendants’ conduct.

The underlying case involves claims asserted on …