On March 8, 2013, after more than two years of discovery and pre-trial practice, Lee Ziffer secured summary judgment on behalf of two clients, an automobile manufacturer and a dealership, in a products liability wrongful death action. After extensive briefing and argument and in the face of aggressive opposition, the State District Court found that the claimants could not prove that a defect in the manufacturer’s and dealership’s products caused the Decedent’s personal injuries and death.
Lee Ziffer published his article, “Bankruptcy Trusts and Asbestos Litigation” in the Spring 2012 edition of the American Bar Association Section of Litigation’s Products Liability Newsletter on June 14, 2012.
On May 18, 2012, Janika Polk and Lee Ziffer obtained an opinion from the Louisiana Fourth Circuit Court of Appeal reversing an Orleans Parish trial judge’s ruling quashing our client’s subpoena to the Johns Manville Asbestos Settlement Trust. In what is the first Louisiana appellate opinion on the matter, the Fourth Circuit found that contrary to the plaintiff’s arguments and the trial court’s determination, defendants are entitled to discover a plaintiff’s submissions to an asbestos bankruptcy trust and that those submissions are not protected by any recognized privilege under Louisiana law.
In Civil District Court for the Parish of Orleans, Janika Polk and Lee Ziffer successfully obtained dismissal of our client though a Motion for Summary Judgment arguing that our client was not the successor in interest to a manufacturer alleged to have caused the Plaintiff’s mesothelioma.