Louisiana Supreme Court Rules Against Retroactive Application of Punitive Damage Statute in Asbestos Case

BATON ROUGE, La. - The application of a repealed statute that once allowed for recovery of punitive damages in asbestos cases would be an impermissible retroactive application of the law, the Louisiana Supreme Court has said in its decision to invalidate a plaintiff's punitive damage claims. Anderson v. Avondale Industries, Inc., No. 00-C-2799 (La. Sup.).

Deciding an issue of first impression on Oct. 16, the state high court reversed an appeals court decision that would have allowed for the possible recovery of punitive damages in the alleged asbestos-related death of former Avondale Industries, Inc. employee John Anderson.

The Supreme Court …