Pierce et al v. Exxon Mobil Corporation et al
| Eula K Pierce and Brandy D Pierce |
| ConocoPhillips Company, Exxon Mobil Oil Corporation, Humble Incorporated, Chevron USA Inc, Marathon Oil Company, Placid Oil Company, Shell Oil Company, Shell Offshore Inc, SWEPI LP and Exxon Mobil Corporation |
| 2:2012cv02224 |
| September 7, 2012 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Jefferson |
| Nannette Jolivette Brown |
| Alma L. Chasez |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Defendant |
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Filing
47
ORDER & REASONS re dfts Shell Oil Company, Shell Offshore, Inc. and SWEPI LP's (collectively 'Shell') 27 Motion to Dismiss Plaintiffs' Medical Monitoring, Strict Liability, Absolute Liability, Breach of Contract, Solidary Liabil ity, and Punitive Damages Claims Pursuant to Rule12(b)(6): for the reasons stated, IT IS HEREBY ORDERED that Shell's Motion to Dismiss Plaintiffs' Medical Monitoring, Strict Liability, Absolute Liability, Breach of Contract, Solidary Liabil ity, and Punitive Damages Claims Pursuant to Rule 12(b)(6) is GRANTED IN PART and DENIED IN PART; IT IS FURTHER ORDERED that Plaintiffs' claims for medical monitoring, absolute liability for ultra-hazardous activities, and punitive damages in co nnection to their wrongful death action are DISMISSED WITH PREJUDICE; IT IS FURTHER ORDERED that Shell's request to dismiss a breach of contract claim is DENIED AS MOOT, as Plaintiffs have not asserted this cause of action; IT IS FURTHER ORDERED that Plaintiffs have no cause of action for punitive damages in connection with their survivor action for any activity that occurred outside the effective period of former Article 2315.3; or, to put it another way, Plaintiffs may only recover punitive damages on their survivor action for activity that occurred during the effective period of former Article 2315.3. Signed by Judge Nannette Jolivette Brown on 4/30/2013. (rll, )
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