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16-13346 - Bolton v. International Paper


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16-13346 - Bolton v. International Paper
November 4, 2016
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ORDER & REASONS that Defendant International Paper's 5 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. These claims are DISMISSED with prejudice. FURTHER ORDERED that the Defendants Motion is DENIED in regards to all of Plaintiffs' remaining claims. FURTHER ORDERED that the Bolton Plaintiffs have leave of Court to file an amended Complaint within 30 days of this Order. The Amended Complaint should be consistent with the Court's ruling on the Defendant's Motion to Dismiss. Signed by Judge Eldon E. Fallon on 11/4/2016. (cms)