Lemieux v. American Optical Corp.
712 F. App'x 409
| 5th Cir. | 2018Background
- Raymond J. Lemieux, Sr. worked 1956–1970 wearing an American Optical respirator and later developed asbestos-related lung cancer; he died in 2015.
- In 2011 Raymond Sr., his widow Essie, and his children signed a Settlement Agreement and broad release (initialed each page, notarized acknowledgments) releasing American Optical from present and future claims, including wrongful death claims.
- Plaintiffs (widow and children) sued American Optical in 2016, alleging defective design and deceptive marketing and seeking wrongful-death–related damages; they also sought a declaration that the Settlement Agreement was relatively null.
- American Optical moved to dismiss under Fed. R. Civ. P. 12(b)(6), arguing the release bars the claims and that Plaintiffs’ nullity challenge is time-barred under Louisiana’s five-year prescription for relative nullity.
- The district court dismissed with prejudice, finding the nullity claim prescribed and, alternatively, Plaintiffs failed to plead sufficient facts showing consent was vitiated by error, fraud, or duress; the Fifth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Settlement Agreement can be declared relatively null | Plaintiffs assert the release is relatively null due to misrepresentation/fraud and conflict of interest by Raymond Sr.’s attorney, and because they were told they had to sign | American Optical argues the claim is barred by Louisiana’s five-year prescription and the release plainly bars the claims | Held: Claim is prescribed; prescriptive period began when agreement was signed and had run by suit filing |
| Whether contra non valentem tolls prescription | Plaintiffs claim they could not discover the bases for nullity until after Raymond Sr.’s death (due to misrepresentation and attorney conflict) | American Optical contends plaintiffs could have discovered the issues with reasonable diligence when they signed or within five years thereafter | Held: Contra non valentem does not apply — plaintiffs’ ignorance was attributable to their own neglect; the bases were reasonably discoverable |
| Whether plaintiffs pled sufficient facts to show consent vitiated (error, fraud, duress) | Plaintiffs allege specific misrepresentations by Raymond Sr.’s attorney and by American Optical in the release | American Optical argues plaintiffs failed to plead plausible facts to show that consent was vitiated | Held: Even if not prescribed, plaintiffs did not plausibly allege that consent was vitiated; district court’s alternative holding stands |
| Appropriateness of Rule 12(b)(6) dismissal on prescription grounds | Plaintiffs implied procedural objections | American Optical and courts treat prescription as properly raised on 12(b)(6) where documents central to claim are before the court | Held: 12(b)(6) dismissal appropriate because Settlement Agreement was part of the pleadings and the complaint failed to state a timely claim |
Key Cases Cited
- Nationwide Bi-Weekly Admin., Inc. v. Belo Corp., 512 F.3d 137 (5th Cir. 2007) (standard of review for Rule 12(b)(6))
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (application of plausibility standard)
- Carter v. Haygood, 892 So. 2d 1261 (La. 2005) (contra non valentem doctrine and strict construction of prescription)
- Corsey v. State, 375 So. 2d 1319 (La. 1979) (prescription does not run against a person unable to act; limits where ignorance is willful)
- Sepulvado v. Procell, 99 So. 3d 1129 (La. Ct. App. 2012) (prescription commences when injured party discovers or should have discovered the cause of action)
- Collins v. Morgan Stanley Dean Witter, 224 F.3d 496 (2d Cir. 2000) (documents referenced in complaint and central to claim may be considered on a 12(b)(6) motion)
- Belanger v. Geico Gen. Ins. Co., [citation="623 F. App'x 684"] (5th Cir. 2015) (Rule 12(b)(6) is an appropriate vehicle to dismiss claims barred by prescription)