Louisiana Court Grants Motion to Dismiss, Allows Plaintiff Leave to Amend

NEW ORLEANS –– A Louisiana federal court has granted a motion to dismiss asserted by an insurer of a benzene defendant, but allowed the plaintiffs to amend their complaint to fix deficiencies in their standing to bring negligence claims. Patterson, et al. v. Radiator Specialty Co., et al., No. 10-02007 (E.D. La.).

In the May 2 opinion, the U.S. District Court for the Eastern District of Louisiana found that the plaintiffs could not bring strict liability claims against the executive officers of the decedent’s former employer because they had not established the defendants had control over any of the allegedly …