838 F. Supp. 2d 497
E.D. La.2012Background
- MDL involving FEMA temporary housing units after Hurricanes Katrina and Rita; plaintiffs allege injuries from formaldehyde exposure in EHUs; plaintiffs sue over 100 entities including manufacturers, government, and contractors; FEI, CH2M, and Shaw are contractor defendants; theories include negligence-based failure to warn; FEI moves under Rule 12(c) to dismiss failure-to-warn claim; CH2M/Shaw move under Rule 12(b)(6) to dismiss failure-to-warn claims in multiple states; FEI alleged no duty to warn under Louisiana law; court applies Rule 12(c) standard and Louisiana duty-risk analysis; decision grants FEI motion and grants CH2M/Shaw motion to the extent of Louisiana failure-to-warn claim; LPLA claims not addressed herein.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to warn under Louisiana law | FEI had a special relationship or garde | No duty absent special relationship or custody | FEI owed no duty to warn under Louisiana law |
| Special relationships to justify duty to warn | Intended beneficiaries contractually linked to FEI | No fiduciary/confidential relation or privity | No special relationship found; no duty to warn |
| Custody/garde under Civil Code Article 2317 | FEI custody of EHUs via hauling/installing | No right of direction/control or benefit from EHUs | No garde; Article 2317 cannot support duty to warn |
| Voluntary assumption of a duty | FEI voluntarily undertook tasks under FEMA contract | Voluntary undertaking does not show duty to warn absent undertakings to warning-related tasks | No voluntary undertaking to warn; no duty to warn |
| Application to non-Louisiana law claims | Claims under Alabama, Mississippi, Texas law exist | Only Louisiana duty analyzed; others not briefed | Dismissal limited to Louisiana failure-to-warn; other states not decided here |
Key Cases Cited
- Pitre v. Opelousas Gen. Hosp., 530 So.2d 1151 (La. 1988) (establishes duty-risk framework in Louisiana negligence cases)
- Audler v. CBC Innovis Inc., 519 F.3d 239 (5th Cir. 2008) (no duty to warn absent affirmative duty; nonfeasance vs malfeasance)
- Barrie v. V.P. Exterminators, Inc., 625 So.2d 1007 (La. 1993) (duty to provide accurate information may exist when third party is intended user)
- Kadlec Medical Ctr. v. Lakeview Anesthesia Assocs., 527 F.3d 412 (5th Cir. 2008) (volunteered information may create duty to provide correct information; privity/fiduciary considerations)
- Smith v. State Farm Ins. Cos., 869 So.2d 909 (La. Ct. App. 4th Cir. 2004) (duty to warn not imposed when information provided to insurer not directly to plaintiffs)