Legal Opinion

Dwayne Chauvin v. Exxon Mobil Corporation

Supreme Court of Louisiana

Decided December 9, 2014No. 2014-CC-0808PublishedCited by 37 opinions

1Opinion of the Court

GUIDRY, Justice..

_JjWe granted the writ' application to determine whether the plaintiff is precluded from asserting a claim for punitive damages after having settled such claims relating to fear of contracting cancer and increased risk of developing cancer in a prior suit, albeit with a reservation of rights as to a claim for damages related to future cancer that is diagnosed after the effective date of the settlement agreement. The trial court found res judicata barred the plaintiffs subsequent claim for punitive damages relating to the diagnosis of cancer where the same alleged misconduct…

2Cases cited12 opinions

  1. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  2. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  3. Burguieres v. PollingueSupreme Court of Louisiana · 2003
  4. Ortego v. STATE, DOTDSupreme Court of Louisiana · 1997
  5. Ross v. Conoco, Inc.Supreme Court of Louisiana · 2002

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3Cited by37 opinions

  1. Cooper v. Westend Capital Management, L.L.C.Court of Appeals for the Fifth Circuit · 2016
  2. Stevens v. St. Tammany Parish GovtCourt of Appeals for the Fifth Circuit · 2021
  3. Garrison v. James Construction Group, LLCLouisiana Court of Appeal · 2015
  4. BBCL Enterprises, LLC v. American Alternative Ins. Corp.Louisiana Court of Appeal · 2016
  5. Barnett v. La. Med. Mut. Ins. Co.Louisiana Court of Appeal · 2018

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