Marathon Oil Cannot Shake Claims in La. Asbestos Exposure Action, Judge Says

NEW ORLEANS — A Louisiana federal judge has refused to dismiss asbestos exposure claims against Marathon Oil Co., ruling that the complaint is not an impermissible “shotgun pleading” and that the plaintiff pled his fraud claims with the specificity required by Rule 9(b).

On Oct. 31, Judge Eldon Fallon of the U.S. District Court for the Eastern District of Louisiana found that the complaint sufficiently describes the facts underlying the claims to allow Marathon to prepare an answer.

Mallory Ware was diagnosed with lung cancer in May 2020, which he attributes to exposure to asbestos and toxic welding fumes. …