December 13, 2022
On October 10, 2022, an Orleans Parish District Court judge for a second and final time dismissed a mesothelioma asbestos exposure case in favor of two energy companies, represented by Forman Watkins & Krutz attorneys Byron Kitchens and Margaret McLaughlin, and Michael Abraham and Peter Moir, respectively. Plaintiffs are Italian citizens who initially filed suit under maritime law nearly ten years after their decedent’s mesothelioma diagnosis. The parties re-filed a new motion and Plaintiffs brought two witnesses to testify on their behalf, including one of the Plaintiffs and an Italian lawyer. After successful cross-examination executed by McLaughlin and Kitchens, the case was brought home by the testimony of the defense’s Italian medical expert, brought in by Moir. Ultimately, Civil District Court Judge Giarrusso granted the clients’ Renewed Exception of Prescription (motion to dismiss due to statute of limitations).