Louisiana Federal Court Grants Motion to Dismiss Punitive Damage Claim in Asbestos Talcum Powder Case

NEW ORLEANS –– A Louisiana federal court has granted motions to dismiss a claim for punitive damages in an asbestos-containing talcum powder case, finding that the plaintiff had not alleged that his injuries occurred in the storage, handling, transportation of the product as required under Civil Code article 2315.3.

In the Dec. 22 order, the U.S. District Court for the Eastern District of Louisiana did allow a civil conspiracy claim asserted against Johnson & Johnson to continue.

Plaintiff Michael Simoneaux filed the underlying lawsuit, contending that he developed mesothelioma as a result of exposure to asbestos fibers in talcum …