Lagrange v. Eagle, Inc.
2:23-cv-00628
E.D. La.Nov 22, 2024Background
- Plaintiff Irma Lee LaGrange allegedly contracted mesothelioma from laundering the asbestos-contaminated work clothes of her husband, who worked at Avondale Shipyard between 1973-1996.
- The case was initially filed in Louisiana state court but removed to federal court under federal officer jurisdiction (28 U.S.C. § 1442(a)(1)).
- After the case's removal, Plaintiff passed away and her children moved to substitute as plaintiffs.
- One key subcontractor defendant, Hopeman Brothers, Inc., filed for Chapter 11 bankruptcy in July 2024.
- The proceedings as to Hopeman were stayed; subsequently, the court considered whether to stay the entirety of the litigation against all defendants pending the resolution of the bankruptcy proceedings.
- Parties submitted memoranda addressing whether the entire case should be stayed until the bankruptcy court resolved Hopeman’s status and related insurance issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should the entire case be stayed due to Hopeman's bankruptcy? | Indefinite stay would cause undue hardship and delay. | Stay protects co-defendants and ensures consistency; propose stay coextensive with bankruptcy court order. | Court grants a limited stay until March 11, 2025, to align with bankruptcy court’s stay, to be reassessed after that period. |
Key Cases Cited
- Wedgeworth v. Fibreboard Corp., 706 F.2d 541 (5th Cir. 1983) (automatic bankruptcy stays generally do not extend to co-defendants of the debtor)
- GATX Aircraft Corp. v. M/V Courtney Leigh, 768 F.2d 711 (5th Cir. 1985) (criteria for discretionary stays involving non-debtors)
- Arnold v. Garlock, Inc., 278 F.3d 426 (5th Cir. 2001) (section 362 rarely justifies stays for non-debtor defendants)
