La. Court Affirms Dismissal of Claims, Says Appeal Not Timely

NEW ORLEANS -- A Louisiana appellate court has rejected plaintiff efforts to continue with specific claims against two defendants, determining that the plaintiff did not seek timely review of a prior order by the court effectively dismissing those claims. Benard v. Eagle Inc., et al., No. 2008-CA-0262 (La. Ct. App., 4th Cir.).

In the Dec. 3 order, the Louisiana Fourth Circuit Court of Appeal determined that even if the plaintiff had timely appealed the prior order, there still was insufficient evidence to link the defendant's asbestos-containing products to the plaintiff's injury.

The underlying claims were filed by Willie Benard, who …