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16-12567 - Sanders et al v. International Paper Company et al


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16-12567 - Sanders et al v. International Paper Company et al
November 4, 2016
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ORDER & REASONS that Defendant International Paper's 6 Motion to Dismiss for Failure to State a Claim is hereby GRANTED in part and DENIED in part. The Motion is GRANTED in relation to Plaintiffs claims for strict liability nuisance under Louisiana Civil Code Article 667. These claims are DISMISSED with prejudice. Furthermore, the Motion is GRANTED in relation to claims filed by the subclass of Plaintiffs seeking solely emotional damages, described in Paragraph 42(c) of the Complaint. These claims are DISMISSED with prejudice.IT IS FURTHER ORDERED that the Defendant's Motion is DENIED in regards to all of Plaintiffs' remaining claims. Signed by Judge Eldon E. Fallon on 11/4/2016. (cms)