Statute Extending Abandonment Period Can't Save La. Silica Case

LAKE CHARLES, La. - A Louisiana appeals court has rendered judgment for a silica defendant that sought to have the claims of a former shipyard worker dismissed as abandoned prior to a legislative hardship initiative that tolled claims as a result of Hurricane Katrina. Henry, et al. v. SBA Shipyard Inc., et al., No. CW 09-426 (La. App. Ct., Third Cir.).

The Third Circuit Court of Appeal ruled Nov. 10 that a trial court erred when it denied Pulmosan Safety Equipment Corp.'s motion to dismiss Henry Wise's silica claim as abandoned, due to a long period of inactivity in the …