Asbestos Plaintiff Can File Suit in Texas, Then in Louisiana, Court Rules

NEW ORLEANS - A Louisiana appeals court has reversed dismissal of an asbestos claim after a Texas court had already entered judgment on the complaint, which was later filed in Louisiana on behalf of identical plaintiffs, but which included different defendants. Breaux v. Avondale Industries, Inc., et al., No. 2002-CA-1713 (La. Ct. App., Fourth Cir.).

In a decision setting aside exceptions of no right of action and res judicata entered on the Louisiana defendants' behalf, the appeals court said March 12 that by re-filing the complaint in Louisiana, Diane and Joseph Breaux were simply exercising their right to seek compensation …