When Ports America Gulfport was named as a defendant in a mesothelioma lawsuit, they moved for summary judgment on the grounds that the Longshore Harbor Workers Compensation Act protected them from state tort claims. A judge denied their motion. Remarkably, days later Ports America filed suit against the judge and asked that the state proceedings – and any subsequent judgements against them – be enjoined. A federal court rejected the company’s arguments.
Asbestos Company Facing Mesothelioma Claims Asks for Multiple Injunctions
The original claim against Ports America Gulfport sought compensation following the mesothelioma death of a longshoreman whose family says was exposed to asbestos while working for the company. With the case set to start in state court last March, Ports America moved for summary judgment, but their request was denied.
In addition to requesting declaratory and injunctive relief against the judge’s decision, Ports America also asked that state proceedings be enjoined, as well as enforcement of any final judgment rendered against them in the mesothelioma proceedings.
District Court Rejects Requests from Mesothelioma Defendant
In response to Ports America’s arguments, District Judge Sarah S. Vance of the Eastern District of Louisiana noted that the preliminary injunction that the mesothelioma defendant was requesting could only be granted if there was a substantial likelihood that the company would win their case on the merits or that they would suffer irreparable harm if the injunction was not granted. She noted that neither was the case, and further noted that granting the company a preliminary junction against any mesothelioma decision against them was contrary to the public interest, which depends on “having cases and controversies disposed of in an orderly fashion, using the designated motions and appeals processes of the appropriate judicial system.”
Judge Vance pointed out that the company’s attempt to create friction between the state and federal judiciary in the mesothelioma case would create “an increase in unpredictable and disorderly litigation practice, introducing thorny legal issues – jurisdictional and otherwise – into even the most garden-variety cases.” She concluded that “Port America may pursue and protect [the public] interest by continuing to litigate its claims in the state forum where the case is already pending.”
Mesothelioma victims who seek justice face daunting obstacles, but the Patient Advocates at Mesothelioma.net are here to help. For more information, contact us today at 1-800-692-8608.
