Legal Opinion
Hulin v. Fibreboard Corp.
District Court, M.D. Louisiana
Decided December 9, 1996No. Civil Action No. 86-11-BPublished
1Opinion of the Court
RULING ON MOTION IN LIMINE TO DETERMINE APPLICABILITY OF HALPHEN
POLOZOLA, District Judge.
American Tobacco Company’s (“American”) has filed a motion in limine seeking to have this Court determine the applicability of the “unreasonably dangerous per se” theory (“per se” theory) of products liability first enunciated in Halphen v. Johns-Manville Sales Corp.1 For the reasons which follow, the Court finds that the “per se” theory of products liability was a substantive change in Louisiana law, and cannot be applied retroactively. Because the plaintiffs cause of action arose before Halphen was…
2Cases cited39 opinions
- Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
- Weber v. Fidelity & Casualty Insurance Co. of NYSupreme Court of Louisiana · 1971
- James Leroy Jackson v. Johns-Manville Sales Corporation and Raybestos-Manhattan, Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1986
- Halphen v. Johns-Manville Sales Corp.Supreme Court of Louisiana · 1986
- Chappuis v. Sears Roebuck & Co.Supreme Court of Louisiana · 1978
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