Roedel Parsons scores HUGE victory!
Roedel Parsons scores huge victory for the State of Louisiana!
E I DuPont Nemours & Company; State of Louisiana, through the Department of Health, etc.
United States Court of Appeals for the Fifth Circuit, Case Number 22-30069
Roedel Parsons filed a motion on behalf of LDH in the United States District Court to dismiss the class action claims against LDH on the ground that Plaintiff had not alleged that LDH had a statutory or other duty to regulate chloroprene emissions from the facility or to warn the public about potential health risks from any such emissions. Therefore, LDH could not have breached any duty owed to Plaintiff or the class. The district court granted LDH’s motion to dismiss, and Plaintiff appealed.
On appeal, the United States Court of Appeal for the Fifth Circuit strongly affirmed the dismissal of the negligence claims against LDH, holding that Plaintiff had failed to identify any legally cognizable duty that LDH owed Plaintiff (or other members of the putative class). The Court ruled Plaintiff failed to identify a specific standard of care LDH owed to Plaintiff or to allege that LDH undertook a specific duty to investigate and warn the public of the potential dangers of chloroprene.