ONR 3-6-2019

Orders/Minute Entries
March 6, 2019

On this date, the Court considered Defendants’ motion to dismiss the Brooke omnibus complaint.  The motion was denied with respect to Defendant’s argument that dismissal was proper due to lack of jurisdiction, improper service, and timeliness. The motion was also denied with respect to Defendant’s desire to dismiss claims based on Defendants’ alleged breach of the warranty against redhibitory defects and violations of the Louisiana Products Liability Act. The motion was also denied with respect to the non-Louisiana based Plaintiffs’ claims based in negligence, negligence per se, strict liability, and unjust enrichment. However, the Louisiana-based Plaintiffs’ claims for negligence, negligence per se, strict liability, private nuisance, breach of warranty of fitness, and unjust enrichment were dismissed with prejudice, as were the claims on the non-Louisiana based Plaintiffs’ claims brought pursuant to the Louisiana Products Liability Act.