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15-6394 - Bell v. Foster Wheeler Energy Corporation, et al


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15-6394 - Bell v. Foster Wheeler Energy Corporation, et al
October 4, 2016
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ORDER AND REASONS - IT IS ORDERED that Atwoods motion for summary judgment (R. Doc. No. 208) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Auroras motion for summary judgment (R. Doc. No. 210) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Buffalos motion for summary judgment (R. Doc. No. 206) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Cranes motion for summary judgment (R. Doc. No. 201) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that DeLavals motion for summary judgment (R. Doc. No. 229) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Foster Wheelers motion for summary judgment (R. Doc. No. 199) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that General Electrics motion for summary judgment (R. Doc. No. 198) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Warrens motion for summary judgment (R. Doc. No. 224) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Westinghouses motion for summary judgment (R. Doc. No. 203) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that Yorks motion for summary judgment (R. Doc. No. 215) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that defendants shall re-file their summary judgment briefs no later than October 18, 2016. Plaintiffs responses are due no later than November 4, 2016. IT IS FURTHER ORDERED that a status conference in this matter shall take place at 9:00 AM on Tuesday, October 11, 2016 in the chambers of the undersigned U.S. District Judge. Counsel may participate by phone if the Court is provided with a telephone number prior to the conference.18 Plaintiffs should be prepared at conference to discuss which claims they intend to pursue given the legal standard set forth in this opinion. Signed by Judge Lance M Africk. (bwn)
October 5, 2016
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ORDER AND REASONS - 197 Motion in Limine to Preclude Introduction of or Reference to Regulatory Statements and Enactments to Prove Causation: DENIED WITHOUT PREJUDICE; 200 Motion in Limine to Preclude Plaintiff from Arguing that Crane Co. is Liable for Products Placed on or Within its Valves by Others Post-Sale: DENIED WITHOUT PREJUDICE; 202 Motion in Limine: DENIED WITHOUT PREJUDICE IN PART, DISMISSED AS MOOT IN PART, and DEFERRED IN PART; 218 Motion in Limine to Preclude Evidence Regarding Collateral Sources: DENIED WITHOUT PREJUDICE; 219 Motion in Limine to Preclude Evidence of Settlements: DENIED WITHOUT PREJUDICE. Signed by Judge Lance M Africk. (bwn)
October 6, 2016
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ORDER AND REASONS granting in part, denying in part 204 MOTION in Limine to Exclude the Testimony of Stephen Terry Kraus, M.D., 211 MOTION to Strike and Daubert, MOTION to Exclude Causation Testimony from Plaintiff's Expert Dr. Richard Kradin, and 216 MOTION in Limine to Exclude the Testimony of Frank Parker. Signed by Judge Lance M Africk on 10/5/2016.(blg)
October 7, 2016
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ORDER AND REASONS re 221 Motion for Partial Summary Judgment - IT IS ORDERED that Warren Pumps motion for partial summary judgment is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that defendants have permission to file one additional joint summary judgment motion of no more than fifteen pages addressing maritime law issues related to standing and damages. Defendants motion is due no later than October 14, 2016. Plaintiffs response, which is also limited to fifteen pages, is due no later than October 21, 2016. Signed by Judge Lance M Africk. (bwn)
October 11, 2016
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ORDER AND REASONS granting 351 MOTION for Leave to File Reply; granting in part, denying in part 207 MOTION to Exclude Gasket and Packing Studies Conducted by or Relied Upon by Dr. James Millette and Any Exposure Testimony Based Thereon. Signed by Judge Lance M Africk on 10/11/2016.(blg)
October 12, 2016
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ORDER AND REASONS denying 249 MOTION to Strike John Croix from plaintiffs' witness list. FURTHER ORDERED that, should the defendants so request, defendants have permission to depose Mr. Croix before 10/31/2016, as stated herein. FURTHER ORDERED that, to the extent that defendants seek to supplement their expert reports to account for the testimony of Mr. Croix, any defendant may file a motion for leave with the Court to supplement their expert reports no later than 11/7/2016, as stated herein. Signed by Judge Lance M Africk on 10/12/2016.(blg)
March 6, 2017
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ORDER AND REASONS denying 378 MOTION for Reconsideration re 358 Court Order. Signed by Judge Lance M Africk. (bwn)
March 6, 2017
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ORDER AND REASONS re 220 Motion to Exclude Testimony of Dr. Michael Graham and 225 Motion to Exclude Testimony of Dr. Mark Taragin. IT IS ORDERED that the motions are GRANTED IN PART and DENIED IN PART as set forth herein. Signed by Judge Lance M Africk. (bwn)
March 6, 2017
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ORDER AND REASONS re Choice of Law. IT IS ORDERED that, with respect to the alleged Idaho exposures, Louisiana law will apply to the survivorship claim and Idaho law will apply to the punitive damages issue in this wrongful death claim. Signed by Judge Lance M Africk.(bwn)
March 6, 2017
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ORDER AND REASONS granting in part and denying in part 369 Motion for Partial Summary Judgment. Signed by Judge Lance M Africk. (bwn)
March 6, 2017
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ORDER AND REASONS - IT IS ORDERED that the motions (396, 397, 398, 399, 400, 401, 404, and 405) filed by General Electric Company, Crane Company, Buffalo, Aurora Pump Company, Atwood & Morill Co., Inc., CBS Corporation, IMO Industries, Inc., and Warren Pumps, LLC are DENIED. IT IS FURTHER ORDERED that the motions (395 & 403) filed by York International Corporation and Foster Wheeler Energy Corporation are GRANTED and that all of plaintiffs' claims against York International Corporation and Foster Wheeler Energy Corporation in the above-captioned matter are DISMISSED WITH PREJUDICE. Signed by Judge Lance M Africk. (bwn)
March 13, 2017
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AMENDED ORDER AND REASONS re Choice of Law. IT IS ORDERED that, with respect to the alleged Idaho exposures, Louisiana law will apply to both the survivorship claim and the wrongful death claim. Signed by Judge Lance M Africk.(bwn)