Legal Opinion

Bourque v. ANCO INSULATIONS, INC.

Louisiana Court of Appeal

Decided December 9, 2009No. 09-693Published

1Opinion of the Court

AMY, Judge.

| former employee and wife brought personal injury action against former employer, alleging occupational exposure to asbestos. Former employer filed a motion for summary judgment, alleging that any remedy the plaintiffs may have is exclusively through the Longshore and Harbor Workers’ Compensation Act, which preempts state remedies. The trial court granted the defendant’s motion for summary judgment. The plaintiffs appeal. We affirm.

Factual and Procedural History

The plaintiffs filed suit against various defendants, including Lake Charles Stevedores, Inc. (LCS), the appellee in the…

2Cases cited12 opinions

  1. Davis v. Department of Labor and Industries of Wash.Supreme Court of the United States · 1942
  2. Calbeck v. Travelers Insurance Co.Supreme Court of the United States · 1962
  3. Sun Ship, Inc. v. PennsylvaniaSupreme Court of the United States · 1980
  4. Austin v. Abney Mills, Inc.Supreme Court of Louisiana · 2002
  5. Clyde Flowers v. The Travelers Insurance CompanyCourt of Appeals for the Fifth Circuit · 1958

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