Welding Fume Litigation Update

Defendants Win One And Lose One In Louisiana State Court

There has been a flurry of activity this week in the Andre case pending in Louisiana State Court. The Defendants began this week by losing their battle with the trial court over the cumulation of the 4 Plaintiffs actions into a single trial when the Louisiana Supreme Court denied the Defendants' application for a supervisory writ complaining of the cumulation order. Then, on Wednesday morning, Judge Medley, sua sponte, struck the Defendants' request for a jury, ruling that their payment of a jury fee was untimely. The Defendants filed for an emergency stay and an application for supervisory writ from the trial court's order. The Louisiana Court of Appeals granted a stay until noon on Thursday. Yesterday afternoon, the Court of Appeals granted the Defendant's application for a supervisory writ and held the Defendants are entitled to a jury